Tag Archives: law

Construction Defects

Repair period, right of withdrawal expires who finds a construction defect on the newly acquired property for sale real estate, can immediately withdraw from the contract in circumstances. Gain insight and clarity with Robert J. Shiller. This is according to a judgment of the Federal Court, that no rectification period is used. The real estate portal myimmo.de informed about how property owners after discovering the lack of construction have. A real estate purchase is usually a long-term decision and requires a certain confidence to the seller. Has the seller of construction defects intentionally concealed and violated the trust in this way, is a fraud. According to a recent judgment of the Federal Court (AZ: V ZR 147/09) the defects not readily must be accepted. Possibly even immediately, the buyer may withdraw from the contract. Reason is for the verdict to the judge, accepting that the certainty of the buyer, rely on the contractors, in such a case the behaviour of the seller will be ruined.

It was therefore not necessary to set a repair period the seller. The owner still admits this, the right to an immediate resignation ceases. According to the judge, a deadline namely Reaffirms further confidence in the real estate seller. “The consumer protection society living in the property” advises home and apartment owners to consult a lawyer for construction defects. It is generally wrong, though, to offer the seller a repair period. However, it can be an any withdrawal request in the way. A lawyer offers expert help in the event of a dispute, and lawyer. More information: news.myimmo.de/… University Service GmbH Lisa Neumann

The Apartment

Check in and check-out are like a day. The times, in which the landlord private uses the apartment or unentgeltlichuberlasst to third parties, as well as empty life to a certain extent include attribution of the times for administrative purposes and for external use for administrative purposes. Its share is estimated either derSelbstnutzung according to the ratio to use by foreign tenants, if the use of the self is possible at any time. Realtor wanted to know more. Is not measured the scope of auto use, it is 50% applied. To the The times of the actual rental and the vacancy rate of according to above Aufteilungbei of administrative purposes include third-party use.

Is self use renting third-party contractually limited, zahlenLeerstandszeiten total for foreign use. Note: it is possible to pronounce blackout periods to be Selbstnutzunganzumelden or even guests, renting through an agency the empty stand times allocated to pro rata administrative purposes. Example of empty life-sharing landlord A has transferred the mediation of his apartment in a holiday service organization of Cuxhaven. He has use of self in the brokerage contract expressly excluded. The apartment is rented in the year to 180 days to100 EUR, used A itself 30 days, 155 days stands empty. Which only accounted for the rental, costs 2,000 EUR, the other costs (including depreciation) EUR 5,000.

Rental income: 180 days 100 EUR = 18,000 EUR advertising costs: 1 fully into account. /.2.000 EUR 2 pro rata to consider the empty day only in the ratio of rental will because of the possible use of self to the actual total use (= 180 / 210) included in the hire period. 180 / 210 155 days vacancy = 132 days was a total 180 + 132 = 312 used days to rent the apartment. Other advertising costs 5,000 EUR 312 / 365 =. /.4.274 EUR 11.726 EUR income variation In the brokerage contract has A agreed a self use of the apartment for 30 days.

Tenancy Lawyer

Timo Stapf, a lawyer from Mannheim is able to advise and represent you in civil matters, such as in family law, tenancy law, traffic law and employment law around Ludwigshafen, Heidelberg, and Mannheim. Especially in tenancy disputes frequently occur between tenant and landlord. It is helpful, therefore, if their lawyer has a center of interest in the leases. Stapf lawyer advises tenants and landlords with all problems associated with the tenancy. Will the lawyer to the clients with comprehensive and exhaustive information legally, a knowledge of current legislation and case law requirement. Lawyer Stapf regularly reports on current judgments and advise you gladly in a personal conversation about the current legal situation of their case. With effect from 1 July 2007 has entered the new path in force. It brings a number of simplifications for the apartment owners with them.

Below are some key points are explained: 1 Decisions on renovations and upgrades to the house no longer have in the owners’ be taken unanimously. The decision for renewal of the facade, roof or heating system can now be taken by a majority. The other owners are bound by the decisions. Half of the ownership interests must be represented, however. The decision is binding on all owners. In many cases, block number of owners necessary renovations to their individual voice.

This is not now. The renovation backlog is resolved. 2nd Even just a simple majority now, the change in the distribution of the operating costs are brought about. If has been charged by square meters, the owners may decide that now settled on the number of heads per apartment. 3rd Previously, a craft his bill sent to any owner. The then had to pay the whole bill and claim subsequently in the other the owners paid too much money. This is no longer now. In a statement the craftsmen homeowners responsible only for his share of ownership. 4th Documents and decisions of the owners must now be collected. This is for the caretaker. He must create an archive of resolutions. If there is no property manager must notify the Chairman of the Management Board to make. It can be followed accurately in the future what was done to the house and how the owners have voted. There was no requirement for the collection of the decisions it so far. 5th It is now the Code of Civil Procedure shall apply with the result that, inter alia in dismissing the application, the process losing the cost of the process have to bear. So far, this was at the discretion of the court. In most cases the costs were shared. It can be expected to be off at once complained of not quite lightly if the cost risk is imminent. With application of the Code of Civil Procedure, the applicant also must provide proof of his claim and conclusively say. The previous determination principle for the FGG deleted. Abstracts: All in all this is to much of a progress and a relief. It must not all decisions are adopted unanimously. Troublemakers have a harder time from July 2007.