Facts
The appellant [A.] rented a single-family house from [D.C.] and [E.C.] , the heirs of [C.C.] , on 19 December 2015. The lease agreement granted the appellant a limited and transferable right of purchase for the property at a price of CHF 1'450'000. Since this right of purchase was not publicly notarized as required by Art. 216 para. 2 CO, it was invalid.
On 4 March 2021, the respondent, the cooperative [B.] as the property owner, terminated the lease agreement based on the termination clause in Section 10 of the lease agreement. The District Court of March found this termination to be invalid. However, the Cantonal Court of Schwyz overturned this judgment and upheld the respondent's counterclaim. It ordered the appellant to vacate the property.
Considerations
The Federal Court dismisses the appeal. It finds that the right of purchase agreed in Section 10 of the lease agreement was invalid due to lack of public notarization. Therefore, the appellant could not effectively exercise this right. However, the associated termination clause…