T. L.* (52) from Brig, VS standing in front of a pile of broken glass: in the summer of 2013, he was a successful small businessman, married, and completely happy, he says. L. does not want to be recognized and also not his name real name veröffenrtlicht see. “Here in the upper Valais, this can lead to a rush of great social and economic night,” he says to VIEW.
To blow it all away
in Order to fulfill the dream of an own apartment, he scratches his Savings. “I planned it as an investment for retirement, as I have no pension Fund.” An object on the fifth floor of a block in the centre of the village, it should be, with views of the medieval stockalper Palace. To pay it, he also have a mortgage on 505’000 Swiss francs in the case of the Raiffeisen cooperative Bank Belalp-Simplon.
The Bank transfers the money of the company, to sell the apartment. This is, however, shortly afterwards, broke, without the L. the apartment is overwritten. Now L. is without a home, without a pension and with half a Million francs in debt plus interest. Way! L. is on the ground, feels betrayed, and comes henceforth little more on the legs.
Who is to blame for the mess? In the contract under paragraph 10: “The mortgage loans will be released, if the securities are legal, valid.” This means that The Bank must pay the seller company the money only if it has clarified, for example, whether a fundamental change is possible.
consumer protection: scandal!
but she Did not. L.: “It can’t be that Raiffeisen is making a mistake and then the damage on a single customer is not passing.” For months, L. tried in vain to reach an agreement with the Bank. As this operates him, he gives the district court a complaint and a Request for Free legal assistance, a lawyer. The judge rejects both.
the Canton court smashes at the beginning of 2018 with a complaint of l. with. Part of the justification is particularly interesting: “Regardless of whether in the present case, in fact, no legally valid collateral, were ordered to serve respective clauses advance the protection of the Bank, as a Lender and not to the protection of the borrower.”
For Cécile Thomi (50), Legal Director of the Foundation for consumer protection (SKS), is a scandal. The question of how to interpret the General terms and conditions (GTC), she says.
courts will reject him
Unfair terms are prohibited by law. “Whenever we approach, however, we are told that the GTC would be designed application-specific and consumer-friendly. Here we have a case in which a judge makes an explicit anti-consumer interpretation.” The hot, the Raiffeisen-contract is unfair.
As L. with this line of argument to the Federal court, dismisses this: His complaint was not adequately justified.
Legally had l. so no Chance. One reason might be that the money for a lawyer; finally he has a half a Million in debt and works only irregularly, where he finds something. “Switzerland is in this respect extremely unfair,” says SKS-lawyer Thomi. “You need to have a minimum of 30’000 Swiss francs to a judge of such a case properly.”
Raiffeisen Switzerland lost refers to the cooperative Belalp-Simplon. L. you must release this from the Bank secrecy. Then the Bank writes the VIEW in terms of the clause, which is, according to Thomi abusive: “Since it is not, in practice, often to delays beyond the control of the Bank, mentioned in paragraph 10 of the basic credit agreement, mortgage, again, that the payout can only occur if the order of the collateral. In the handling of this credit agreement, the business put our Bank’s usual due diligence.”
L. frustrated: “It is a scandal, as here, law is interpreted and how the care trampled underfoot.” All Screaming does nothing. So far, he has not a franc of debt to pay back.
*the Name has been changed
in Extreme cases, such as those of T. L.* from the Brig VS, there is only rare. However, there are other pitfalls in the case of mortgages, which can cause problems later. VIEW has requested to the Hypo-specialists money Park, what are the points one must note, if you pick up so much money:
The mortgage should make up around 80 per cent of the price, the Rest is equity. The ongoing costs, so the operation of the mortgage plus maintenance and ancillary costs, should account for a third of the income.
it Can bear the family cost, if the main-acquisition of ill-makers are difficult or dies? Much depends on the right retirement plan and insurance solutions.
With indirect repayment, you do not need to pay the mortgage debt directly, but pays a special account or a life insurance policy. The tax deductions are higher, because the mortgage remains the same.
All of this is often difficult to look through. Money Park – also out of self-interest – an independent, transparent advice. In addition, you should obtain at least three quotes, including from insurance companies and pension funds. And most important: Before signing, you should consult the contract read carefully and when in Doubt, a notary public or lawyers for review.
* the Name has been changed