Skin Flaking Off Scrotum

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

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

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"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. "