WEFAM GROUP SÀRL
General Terms — Buyer
Buyer Disclaimer — to be accepted when creating the account
1. Status of the Buyer
By creating their account, the Buyer certifies on their honour that they are not employed, self-employed or collaborating, in any capacity whatsoever, with a real estate agency or broker.
No real estate agency or broker is authorised to create an account, directly or through one of its collaborators acting privately in a disguised manner, with the aim of accessing Sellers’ data or circumventing the platform’s model. This prohibition does not apply if the person concerned genuinely wishes to acquire a property for their own account.
Any registration contrary to this article may constitute unfair conduct within the meaning of the Federal Act against Unfair Competition (art. 3 UCA) and result in the immediate suspension of the account as well as, where applicable, an action for damages.
2. Acquisition of real estate by persons abroad (Lex Koller)
The Buyer declares and warrants that they are not subject to the authorisation regime provided for by the Federal Act on the Acquisition of Real Estate by Persons Abroad (LFAIE, known as the « Lex Koller »), or, if they are, that they hold the required cantonal authorisation before any conclusion of a transaction through the platform.
It is up to the Buyer to verify, before any offer, whether their personal situation (nationality, residence status, type of property targeted) brings them under the LFAIE and, if so, to take the necessary steps with the competent cantonal authority.
Wefam carries out no check on subjection to the LFAIE and declines all liability in the event of a transaction rendered void (art. 26 LFAIE) for lack of authorisation, without prejudice to Wefam’s right to its commission where the introduction was made through the platform (art. 413 CO).
3. Liability regarding information published by the Seller
The information, data, photographs and documents published on the listings (surface, charges, easements, surveys, price, etc.) are provided exclusively by the Seller, who is solely responsible for them within the meaning of art. 3 of the Seller Brokerage Agreement.
Wefam carries out no independent verification of this information and accepts no liability as to its accuracy, completeness or up-to-date nature.
It is up to the Buyer to put any useful question directly to the Seller and to request any additional information or document necessary before making an offer or committing, in particular during exchanges and appointments organised through the platform.
4. No direct payment to the Seller
The Buyer undertakes not to pay, in any capacity whatsoever (deposit, earnest money, or any other payment), any sum directly to the Seller or to a third party outside the circuit described below.
The only payment admitted in the context of a transaction is that made through the notary in charge of the authentic deed of sale (art. 216 CO), or a service designated by Wefam Group Sàrl and invoiced by the latter.
Any payment made outside this circuit is the sole responsibility of the Buyer. Wefam declines all liability for the consequences of such payment, subject to the limits imposed by art. 100 CO in the event of gross or intentional fault on its part.
5. Data protection
The data transmitted by the Buyer, including their identity, is processed by Wefam in accordance with the Federal Act on Data Protection (nFADP) and its privacy policy, available on the platform.