Real Estate Law

Entitled to withdraw from the purchase contract the Bundesgerichtshof decided fraud recently about an innovation in real estate law, so the real estate portal myimmo.de reported. A seller at the signing of a purchase contract has knowingly concealed defects, so the right buyer, to withdraw from the contract without a deadline for the rectification. By him but that deadline set, although he would have been committed despite the intentional deception, not his right to a cancellation ceases. A recently negotiated case is based on this new legislation. It was to a condominium, entered the water.

After the owner of the apartment had informed the administrator, was decided at a subsequent meeting of the owners to appoint an architect with the research of cause of. Shortly thereafter, a homeowners the plant sold his abode. He contracted the buyer of moisture entering the building. The architect on the cause of the misery was in the meantime encountered a more owner-Assembly decided the redevelopment of the entire residential complex. The said purchaser admitted the seller a period to remedy the defect. The latter was his duty. However, the buyer then resigned from the purchase contract. The German Federal Supreme Court decided in favor of the seller because it has complied with within the period of rectification.

Only special circumstances entitle the purchaser to a withdrawal from the sales contract. This would be the case if he would been deceived maliciously at the conclusion of the Treaty, so that a scheduled removal of defects the purchaser would be unreasonable. More information: news.myimmo.de/ruecktritt-vom-kaufvertrag… University Service GmbH Lisa Neumann

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