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 "
0 comments:
Post a Comment