Saturday, December 20, 2008

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agency fee

Well, the allegation of fraudulent misrepresentation is based, among other things, that before final of the purchase contract, a written (!) Confirmation of received brokers, insurance in this, that the house is dry and even before redevelopment was dry. As is so out later, that was probably not subscribe the whole truth ... at least that the expert commissioned by us .

any case it should be thought that the fact of the repealed on the basis of this deceit every purchase agreement also Agents convinced that the commission is not earned and therefore should be paid back. Not this member of his profession.

Frech he claims but in reply to the corresponding request for payment of our attorney that we really ought to be glad that we did not get the appropriate additional expenses due to the difficult situation even charged extra.

Since it has slyly even our lawyer nearly speechless. But only almost. The nice gentleman broker will find before Christmas, the application in the mailbox. Oh, and who as brokers, insurance agents and investment advisers earn their money required under § 35 of the Commercial Code to special conditions. If they are not given or not, a commercial activities are launched. Let's see whether the competent authorities be active ...

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land transfer tax refund

After the contract has now been lifted because of the fraud, there is now also a decision of the competent tax office . The original assessment was removed in accordance with § 16 para 1 No 1 GrEStG. The land transfer tax is thus reimbursed.

We had to not even make a specific request. It was enough, the following passage in the notarial termination agreement. "The purchaser has paid under the tax number xxxxx / xxxxx at the Finanzamt Ludwigsburg his estate transfer tax on the purchase agreement, the tax clearance certificate from the tax office is before. The buyer sought under § 16 para 1 item 2 GrEStG the tax office because of the cancellation of the contract due to a legal claim of power disturbance, the abolition of the tax assessment and referral back to the land transfer tax on their Current Account with the XXX Bank ... "

has since Our notary probably found the right wording ... the tax office certainly had not even any questions. And our lawyer no additions.

Thursday, November 13, 2008

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purchase contract is terminated

Good news. Almost 6 months after the signing of the notarial purchase contract yesterday we had another Notary - the dissolution of the original Purchase agreement. To avoid a long and probably expensive dispute, our sales could bring themselves to accept the challenge to the sales contract for fraudulent misrepresentation by us. The place so we are going on.

We want to re-sellers and owners of luck in enforcing the warranty claims against the builder - the IMAC .

means for us now, first time celebrate the success ... and then, however, the battle continues, as it still does the odd amount of money recovered. We are thinking of real estate taxes, brokerage fees, etc.

This is an exciting ...

Monday, November 3, 2008

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Press Research Part 11





















Source: Article in the StZ of 3 November 2008


writes in today's edition of the Stuttgarter Zeitung again on Imac ... and our old house ( Link ).

in the regional edition of the STZ in the district of Ludwigsburg and the Kornwestheimer Marbury and newspaper articles the "Historical jewelry will be problem children" with the subtitle: "The controversial construction company Leonberger Imac drives for cheap because of possible redevelopment authorities and property owners."

Source: Article in the StZ of 3 November 2008

The article writes editor Mark Klohr include: . "Not only the prosecution is concerned with the Leonberger real estate entrepreneur Matthias HEISSNER His
firm historical fillets renovated in many municipalities - and that may not always work correctly."

goes on to say. "Lack of money is the enemy of the state sovereignty are not only at the federal level, many examples of desirable public policy objectives, from sheer lack of money be put in question. The rehabilitation of historical centers in Baden Wuerttemberg is municipal and local administrations always a noble aim. But
often the funds are simply too empty to redevelop the historic gems themselves.
But the sale involves risks. The best example is a half-timbered houses around the old city hall in the Freiberg district Beihingen. End of 2003, the city decided to sell the four buildings in Neckar road. A renovation would have cost up to 500 000 €. About two dozen developers were contacted, but no one was interested. The only interested party was the real estate company Leonberger Imac. "We were glad we found someone had, "said Freiberger Stadtbaumeister Wolfram Rieger," then these problems were not yet known. "The problems of which speaks Riegler, one part concern the Imac's managing director Matthias HEISSNER. The office is investigating the head of the Leonberger company on suspicion of fraud, embezzlement and insolvency. Heissner and his colleague Erik R. said to have managed through the Imac-daughter theme, the real estate in Baden-Württemberg, embezzled including security deposits. For individual has criminal charges in the meantime an avalanche developed more than 100 injured would have been reported, a spokeswoman with the prosecutor. Problems are Listeners hot real estate company but also a completely different front: She is accused of cheap renovation. Brandt, the couple bought it for around 230 000 euros, the former
Backhäusle next to the old town hall in Freiberg. The historic complex was renovated by the Imac. The facade sporting a new look. But inside there is moisture and mold have taken root. When you enter the house, is greeted by a musty odor. According to a sworn expert of the Chamber of Commerce in the basement walls are damp twice as much as they should be. Instead of the basement of the building complex on the slope
to seal against moisture from the outside, cheaper renovation plaster
was applied. A repair will be according to the Evaluators about 100 000 € cost. After several phone calls
Holger Brandt was told that the general contractor
refuses again to act, because bills were not paid for
Imac. "Mr. HEISSNER told me on the phone that was no longer interested in the whole thing," said Holger Brandt. Because the couple bought the little house not from the iMac, but of a family, try the Brandts, the property owner to the
return. Matthias HEISSNER expressed on the phone not on the allegations. "I wish you just have a nice day," he says - and hangs up. Whether the subject of cheap and rehabilitation to an avalanche increases or remains the single case is still open. An expert on the building scene that does not want to be named in the newspaper, suspects that could be behind such a sloppy restoration work method. If a developer driving prices down far turn, stood at the end of the chain craftsmen who would take a lot of work for very little money - at the expense of quality. "If you hear something like that scares you," says the mayor Rudolf Markgröninger Kürner. The Imac is currently in the process of the country's historic fruit box, a timber-framed building, built in 1468 to redevelop. "From the outside it pleases me very well," says Kürner, "I hope that the inside and everything is done properly." As the country two years ago, the city's house in the Old Town offered to sell, waved them off. We saw no local demand, also had the restoration of Herrenküferei and Wimpelinhaus swallowed shortly before seven million euros. Purely private matter is the fruit box so far, says Kürner. A municipal employee should take a closer look at the building, "and we will evaluate the need for control of the district office will be necessary."