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Again in the real estate Scout

This time it has lasted a little until the "surge" turned up again in the real estate is Scout. This time, a broker from Stuttgart ... seems to be getting harder still to find a broker - or?

Once again conceals the expose the details of the botched remediation. We just stay tuned once ...

It says: ( Immobilienscout24 ) (Scout-ID: 53,293,054)

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house recycling or as a ruin is to be marketed new

is very funny to see that completely how resistant some home sellers of the reality. The cheapest refurbished half-timbered house, which we had bought - after the identification of any flaws - but by avoidance of the contract for fraudulent misrepresentation to the Fortunately, again got rid of (for details see here ) is back on the market ... namely, because ( here and then the Scout-ID enter 49,600,285).

In Immobilienscout the shack but is actually re-presented as " TOP Historical property with spa and sauna . Ridiculous. We have received a report that attests to this house to be uninhabitable. During the renovation that is crucial mistakes were made in the planning. The historical foundations were poorly from the outside and partly not against the invading water (slope side in particular) is sealed. The restoration plaster applied on the inside makes the water virtually unimpeded in the cellar, but also enter the house itself. Good climate for a potato cellar - but not for the so-called "spa in the basement." In such a sauna and pool area very moist air is generated by the ingress of moisture from the outside can be reinforced and barely pull off. Except just in the rest house - the spa is still separated from the rest by any door to open plan house.

Very interesting is the fact that the published Expose no mention of the dramatic damage. Since the sellers want're not fooled again a potential buyer fraudulently? The broker (incidentally another than with our purchase) has certainly secured apparently "all in this offer contained information, dimensions and prices are based on information from the seller or a third party, the broker takes For this purpose any detention."

Well, in prison, he must have not the same, but by calling on our part was the broker on the inglorious Vergangeinheit informed of the object. He knows about the predamages decision on and information is a potential buyer commits. Since this clause also helps nothing more. We (covered of course) will spend our time as a buyer and the check ;-)

In any case, it be our pleasure to inform potential buyers about the object.

We may be resentful? Um, yes, we have as a result of the machinations of the seller put a lot of money in the sand ... there must be a little malice be allowed.

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Legal (8) - "The wet house" (Source: http://www.ra-sawal.de)

The website http://www.ra-sawal.de a very interesting article on the subject by deception in relation to the sale of Fechtigkeitsschäden recently renovated / refurbished buildings ( link):

"Who wants to sell his house, the prospects also like to point without being asked to moisture damage. This was the ruling of the Saarland Higher Regional Court recently.

expect true should buyers of older buildings with some degree of moisture, but not to the extreme moisture of the basement walls . That is all right if the Basement walls due shortly before completion of renovation works appear as a dry impression and not the seller to carry out the renovation and the reason the prospective buyer, despite the knowledge gap communicates. (Ruling of the Court)

In the opinion of the underlying case, the buyer had found a house shortly after the acquisition extreme humidity in the basement. He then challenged the contract for fraudulent misrepresentation. The vendor resisted, arguing that he was not asked to moisture damage in the run - the buyer is thus "own fault". This view did not share the Court of Appeals. Moisture in the basement was so crucial in the buying decision, that the seller also had the opportunity to comment without being asked. The buyer

reached the rescission of the contract. The seller is in such a practice usually also a significant risk of damage.

OLG Saarbrücken from 5.8.2008, 90/08 4 U - 33 "

Source: http://www.ra-sawal.de/Wordpress/?p=286

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agency fee refund - The next round

Our Agents has yet in fact the court order submitted by our lawyer to recover the commission for the now-repealed sales contract because of fraudulent misrepresentation contradicted.

Whether this was a good idea? I think not. So we see then in a few weeks back to court. Since then surely will be discussed, that this same broker has a written assurance properties ("the house is dry"), was due to the lack of opposing finally the contract successfully. A good light throws certainly not on these agents.

This looks like then the authority shall determine for the following fiscal prohibition proceedings ... let's see.

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Legal (7) - "broker liability can be costly" (Source: www.ra-sawal.de)

Here found a very interesting article on the subject of broker liability:

"Adds a broker in his exposé of the owner of the information more information is added, he is liable if they prove to be incorrect.

Because of an effective brokerage contract was the broker in Expose, the words "fully rehabilitated" included. However, the seller had listed only the remedial measures already taken against the broker in advance. A review of the outline by the seller does not occurred.

presented after the purchase, however, been some hidden defects. So were recordable as outdated electrical wiring. The Frankfurt court said to the buyer for damages against the broker, as the house was not restored completely contrary to the statements.

Although in principle broker

take no duties and thus no liability for information provided by the seller. Information from the vendor, he must therefore unaudited pass in principle (BGH of 18.01.2007 - III ZR 146/06). To publicize his decision to sell known facts that the broker must, however. Omission he should because of the law in each case their own information. This is a significant liability risk.

OLG Frankfurt from 13.02.2008, 15 U 137/07 "

Source: www.ra-sawal.de

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Contact Matthias HEISSNER?

Obviously, not only have the editors of the Stuttgarter Zeitung difficulty contacting Mr. include HEISSNER He.. in the meantime probably also move had (see here ) helps further the search engine GoYellow: Link .

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Press Research Part 12 - Matthias HEISSNER sentenced for rent arrears (Article from the Stuttgarter Zeitung)

In the edition of 10 December 2008 writes the Stuttgarter Zeitung under the title "Laureate of high rent arrears:

. Maulbronn have Sparkassen Matthias HEISSNER as" excellent landlord protector "It has the Leonberger real estate entrepreneur high rent arrears to a court hearing in this matter is.. Heissner yesterday released the first place. "

To the editor Klohr Mark writes: "A few months ago, Matt HEISSNER been in the spotlight now seems to be the winner of the Founders Award of the Baden-Wuerttemberg. Savings banks strive to make themselves invisible. Who chooses the number of his real estate company Leonberger Imac receive in response to the announcement "no connection at this point". And to an important meeting in the district court Maulbronn (Enz) is HEISSNER appeared not yesterday. It was actually a topic that Heissner at heart would have.

for supposedly invented by him "landlord protection register has HEISSNER receive the 2006 Founders Award. Owners should be warned by the database before tenants, down economies to the property or not pay their rent. In this index could be the 37-year-old self-register in a prominent position. For HEISSNER itself has around 21 000 € accumulated rent arrears. Five years HEISSNER has lived in a comfortable villa in Friolzheim in Enz. Since March, he apparently paid only partially or not at all rent and charges. "We had the impression at the beginning, Mr. HEISSNER was a solid businessman," says his landlord, who filed the suit, "but now I only have had enough of him."

Because HEISSNER was not present, it was announced yesterday by the competent court judge in the absence Maulbronner condemned to pay the debt. After the trial date was announced, his landlord had HEISSNER further ado around 7000 € paid. According to the authority Leon Berger had the entrepreneur in terms of content never commented on the arrears, he had merely announced its intention to defend themselves in court. Now, HEISSNER two weeks to comment on it yet, otherwise the decision becomes final, and take the 37-year-old must also have all the procedural and legal fees.

The lawsuit is by no means the only hot-agent problem. Since early summer determines the Stuttgart public prosecutor against him and two other defendants. You infidelity, fraud and Insolvenzverschleppung be faulted. The inquiry found the prosecution that the Imac's subsidiary theme at least a six-figure amount to security deposits had disappeared. Are affected, according to the liquidator nationwide up to 1000 dwellings, which were attended by the subject. What about the iMac itself, is currently renovated several old buildings in the country, can only be guessed at. A phone number the company seems in any case no longer have to '

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news for home IMAC

After the group of Matthias HEISSNER belonging Theme property management in -. To say the least - the difficulty has come (more on this including here ), there is a new Property Management - BW Property Management GmbH in Leonberg ( Info ). ... A known address here resides the IMAC, the landlord protection register and oh yes ... previously the subject.