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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