Something Wrong With My Dogs Mouth

Press Research Part 9

In a recent article attacks the Heilbronner Stimme the event and IMAC HEISSNER titled "Investor in the sights of prosecutors' . again

It reads in part: "Now Is the Leonberger, whose real estate Imac GmbH specializes in the restoration of listed buildings, apparently up to their necks in trouble . For months, the prosecution determined Stuttgart against him. for embezzlement, fraud and Insolvenzverschleppung . In three raids, including former private home in hot and two of his companies, the Imac and the subject, investigators confiscated boxes of folders. The public prosecutor confirmed on demand. The charge of Insolvenzverschleppung concerns about the company, which forwarded the rent for flats to their owners. They managed the objects of the Imac. In February 2007, had begun an investigation here, a spokeswoman for the Stuttgart prosecutors. " the beginning everything seemed relatively small, it took an ever greater scale. ""

Next the paper said..
" deposits

disappeared in weddings employed about 40 men" now works there, no one has gone dead, the company, "said Holger Leichtle The lawyer is now appointed as liquidator. Since late July, the insolvency proceedings are opened now remains to consider "whether enough mass is present, to pay court and administration" He says:... "There is nothing tangible there anymore" Just give claims it " Correct. accounts existed at the firm about not. Deposits of tenants came to a collective account, the mid-2007 Available for all used. "500 000 euro was had disappeared on security deposits.

Overall, he appraised the damage at "up to five million euros" . At the end of October, the lawyer has terminated all leases between the topic. Around 2000 he has written to creditors. The insolvency predicted: "HEISSNER liable only to the installments. He will not have to pay for this disaster, "the iMac is not affected by the matter."

to our case, writes the voice. "Matthias HEISSNER however, is also in trouble in the house renovations. Mr. and Mrs. Brandt, Freiberg am Neckar in the district of Ludwigsburg HEISSNER a property for 230 000 €'ve bought, an appraiser certifies that the improper "cheap" remediation of the old building had led to moisture damage. to eliminate this would cost around 100 000 €. The apartment terminated a deposit for the house uninhabitable, a dispute in view and looking for accommodation for which rent is payable in parallel: "This brings one to the limits," said Holger Brandt. "HEISSNER designated as the kids stuff that interested him not long ago." There is not a representation by the Imac is, hot former position. "Since he is no longer available to us."

conclusion: .. "Compared with the press raises the Imac smoke grenades responded to many inquiries to our newspaper is no longer an employee HEISSNER announced in Wimpfen the developers have changed the BW monument project mbH has jurisdiction only. The company is running at the same address . like the Imac Their manager once gave lectures on the landlord protection index - a further HEISSNER project calls are also pointless..

Source: www.stimme.de

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Legal (3) - liable for concealed defects

Source: www.ra-

heinicke.de about www.baurechtsurteile.de

" OLG Koblenz, decision of 09.02.2006, 5 U 1111/05

In the present case the plaintiff by the defendant had acquired a house. The contract was a warranty exclusion agreed. It turned out later that the basement walls were wet . was detected Due expert opinion, that this was due to poor sealing and the seller must have been known. The buyer is relying on the warranty and that he had told the buyer prior to signing the purchase contract, that this is an old Keller would act.

The OLG said the buyer of the clean-up costs to. Cause of action was for damages due to fraudulent concealment of a defect. In view of this, then the disclaimer is also not effective. Because of fraudulently concealed defects liability could not be excluded. There were a revelation subject to shortages. Deception of the seller is not a prerequisite for the claim. It is sufficient that the seller was aware or errors that he was at least possible and was tacitly accepted in that the buyer has not recognized this shortcoming would have to recognize, however, may not complete the purchase agreement. But the evidence that this is an old cellar, be for the information is not sufficient, but rather played down. The lack of outer sealing place but still represents a significant deficiency, as is likely with recurrent severe moisture damage "

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Legal (2) - reversal of a real estate purchase agreement at low defects possible

source.
lawyer Simone Scholz
Firnhaberstraße 5a
70174 Stuttgart
www.rechtsanwaltsofort.de

about www.baurechtsurteile.de

"A ruling by the Federal Court of 24 March 2006, a real estate buyer in the event of fraud now because of minor defects to cancel the purchase contract.

principle is a withdrawal from the contract due to defects of the property only be considered if the defect is negligible. After the decision, the withdrawal is now possible even with a minor defect. "Namely, if the seller has fraudulently misled about this lack," explains the lawyer Simone Scholz from Stuttgart.

In the case decided by the Supreme Court, the buyer had a property at a price of € 85,000 purchased with the exclusion of liability for defects. After handing over the apartment provided the buyer discovers a moisture damage that would cost its disposal 2,500 euros. The seller was this Moisture damage before purchase contract known. The buyer asked the seller to rectify the defect. After the seller refused, the buyer came back from the contract.

District Court and Court of Appeal dismissed the Oldenburg in order to recover the purchase price. In support led to the courts that it is in terms of low defect cost of 2,500 € is merely a serious deficiency, trade and the interests of the seller on the continued existence of the Agreement will prevail, finally, that the seller in the event of a reversal not only the purchase price, but also report the notary fees, land costs and loan costs.

Takes The court however took the view that the case be important that the seller of the damage prior to signing the purchase agreement was announced and he does have the buyer fraudulently concealed. In a fraud by the seller, he must pay for dealing with minor defects and to accept the rescission of the contract with its serious consequences. The Supreme Court based its legal opinion so that the confidence of the seller in the stock purchase agreement of the do not deserve protection if he had come by a fraudulent misrepresentation about. "

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Legal - formulaic, the exclusion of warranty claims for material defects is not always enforceable

On the www.baurechtsurteile.de found an interesting Discussion of the decision about Gewährleistungsauschluß in sales contracts for real estate. In short, it is

: "The formulaic of warranty when buying a newly constructed house - not always legally ." (Link )

Referring to the page www.rechtsanwaltsofort.de a BGH is of 8 March 2007 discussed (Ref. VII ZR 130/05), in which the related real estate sales contracts in most formula is explained in the exclusion of warranties for the vulnerable. Background is the opinion of the Supreme Court that this is formulaic Gewährleistungsauschlüsse in accordance § 242 BGB shall be subjected to a content control. " The formulaic exclusion of liability for defects in the acquisition of newly constructed houses may therefore be ineffective if the severe consequences of such an exemption were not discussed in advance between the parties in detail and the purchaser by the notary is not sustainably cautioned was. "

Further, it is called: "The seller will not discuss the basis of his own interests to the exclusion of warranty with the buyer," says Scholz. "An in-depth discussion of the contractual term between the contracting parties remain in practice so often." It is therefore crucial to the buyer that the notary has taught extensively on the implications of the warranty exclusion. In this case, the notary must draw attention to the scope of the disclaimer and the associated risk.

After the jurisprudence of the Supreme Court waive the notary of this detailed guidance required only in exceptional cases. And only if it is satisfied that the parties are fully informed of the consequences of their statements and the risks involved and are aware of the specific contracts do anyway. "Pursuant to Judgement of the Supreme Court from the 03/08/2007 BGH thereto but high requirements," said the lawyer. "So goes not after the first decision, if the notary pauses during reading of the exclusion clause, and asks if the buyer is the object seen in person and examined have. "The fact that a buyer is because of his training, the importance of a warranty exclusion principle known to relieve the notary is not detailed instruction from his duty. The notary must rather be satisfied that the purchaser is the full scope of the warranty exclusion is aware of and exclusion will still serious. "

important - and interesting for our case: "However, the requirements described in the Federal Court found the effectiveness of a formulaic Warranty exclusion applied only if a newly built building, or to allow such a building to be treated. Houses, which have, after extensive remedial measures an as-new condition, as newly built houses to treat "

Source:...
lawyer Simone Scholz Firnhaberstraße 5a 70174 Stuttgart
more information www.rechtsanwaltsofort.de

on : http://www.baurechtsurteile.de/artikel711-0.html


And more details can be found here: Link

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Now it's serious

So after our vendor is a very very generous Settlement offer have refused ... is now available in the next round. Our lawyer has challenged the sales contract (on grounds of fraud and non-observed lack of improvement).

have parallel, we notify the authority in the IMAC affair anyway active local press. I'm not sure if we provide a direct benefit in the process ... But if this other potential customers of this company and their business practices will be warned us meet that already.

Let's see ...

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Agents opinions

Not all brokers are "evil" ... but some.

More additonally the real estate site: Link

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criminal cases and other inconsistencies: What is "fuck"

The find I funny:

criminal cases and other anomalies: What's "fuck"

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The next step

Today we finally have an appointment with our lawyer. This will be to tap the opportunities we have on the way forward: explain contract null and void (§ 323 BGB), fraud efforts (§ 123 BGB) or failed repair complain (§ 440 BGB).

motto is "kicking ass". We will see ...

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Wikipedia to IMAC

Even on wikipedia.de is a summary of the IMAC affair: ( Link )