Kernrechtsfrage
Whether the auction award could be set aside for a fundamental mistake about the habitability of the stock unit
Extrahierter Entscheid
No. The claimant had known or could easily have clarified the uncertain intended use before bidding; thus there was no mistake in the legal sense.
Extrahierte Begründung
The cantonally established facts bound the Federal Court. Because the bidder was a former co-owner and knew the unit's designation was uncertain, he could not rely on a protected assumption that it was residential. His failure to inquire excluded the primary element of mistake; in any event, the mistake was not recognizable to the other side.