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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