Facts
This decision concerns a dispute regarding the exercise of the legal pre-emption right of a co-owner on the sale of a share of co-ownership. The facts are as follows:- In 1968, Wolfgang Vogel and Ernst Bosshard acquired a co-owned building, with shares of 46/100 and 54/100 respectively.
- In July 1979, Vogel offered his 46/100 share to Willi Heiz, but the latter declined the offer as he was planning to acquire Bosshard's share.
- In March 1980, Vogel finally sold his 46/100 share to Rudolf Wüthrich, also including furniture for an amount of 24,000 CHF.
- Heiz then exercised his legal pre-emption right on this sale, which Vogel did not contest.
- However, disagreements arose over the terms of payment of the purchase price and the furniture included in the sale.
- Vogel ultimately declared that he wanted to withdraw from the sales contract, as the price had not been paid within the time limit.
Considerations
The Federal Court dismissed the plaintiffs' appeal for the following main reasons:1. Exercise of the pre-emption right The fact that Heiz initially refused to buy Vogel's share in 1979 cannot be considered a waiver of his pre-emption right, as he was not yet the holder of this right at that time.
2. Registration in the land register When a legal pre-emption right is exercised, the seller must make the declaration with a view to registering the holder of this right in the land register. The cantonal court was…