Facts
[R.] put a Porsche 928 S car up for sale for CHF 30,300. [K.] wanted to buy it but could not pay the full price in cash. [R.] then helped [K.] obtain a loan from a bank to finance the purchase. Although the sales contract provided for the possibility of a cash payment, the loan granted by the bank was paid directly to R. The court considered that the sales contract was subject to the provisions on instalment sales, as [R.] and the bank had collaborated to enable [K.] to acquire the vehicle through an instalment payment. As the requirements of form and content prescribed for instalment sales had not been complied with, the contract was declared null and void.Considerations
According to the Federal Tribunal, the provisions on instalment sales (Art. 226m CO) apply when the seller and a third party (here the bank) collaborate to enable the buyer to acquire a movable property by means of an instalment payment of the price. This collaboration can take different forms, such as the seller facilitating the obtaining of a loan from the third party. It is sufficient that the seller and the lender act with the awareness of wanting to provide the buyer with the item against deferred payment of the price.
In the present case, the bank knew that the loan was intended for the purchase of the vehicle and the seller helped…