Facts
The Debt Collection and Bankruptcy Office of the District of Delémont publicly auctioned two properties located in Delémont, which were adjudicated to [D.] for the prices of CHF 3,100,000 and CHF 2,600,000 respectively. [D.] filed a complaint requesting the annulment of the auction sale, alleging that he had been the victim of deception and fraud by the office's employee regarding the rental income of the properties. The Cantonal Supervisory Authority for Debt Collection and Bankruptcy of the Canton of Jura dismissed the complaint, and D.'s appeal was also dismissed by the Debt Collection and Bankruptcy Chamber of the Federal Tribunal.Considerations
According to Art. 234 para. 1 CO, except in cases of formal promises or fraud committed against the bidders, there is no warranty in forced auctions. The conditions of sale of a property must expressly recall this exclusion of warranty (Art. 45 para. 1 let. g ORI).
The cantonal authority found that the conditions of sale excluded any warranty and that the employee had expressly stated that he could not "provide any guarantee of future yield". There were therefore no formal promises or deception regarding the yield. Furthermore, the complainant, a real estate specialist, had only asked questions about one of the two properties, and the response, referring to the…