REAL ESTATE LAW

The buyer bothers you with defects, although you had the property inspected with a clear conscience? You have the suspicion that it is only about a subsequent purchase price reduction? A private expert is often used with the aim of documenting defects for which you are not legally liable. There is an effective exclusion of warranty, the buyer has inspected the property and was able to see all the defects, you have communicated all your knowledge to the buyer during the negotiations or there are no defects at all, such as settlement cracks in old properties, see LG Coburg, Judgment of March 25, 2019, Az.: 14 O 271/17.

Can information in the broker’s advertisement also mean a contractually guaranteed quality, such as the note “completely renovated 2020”?

In the case of an effective exclusion of warranty only if this has been reflected in any way in the purchase contract. Otherwise this is irrelevant, however, these object descriptions apply in public statements of the usual quality and are then not covered by the warranty exclusion.

What about the information in the real estate agent’s advertisement “move in and feel good” and the “perfect home”?

With the Hanseatic Higher Regional Court of Bremen, reference decision of March 9th, 2023, Az.: 4 U 15/22, these are general praises of the building without concrete or more precisely determinable content and do not justify any liability.

Is a standardized disclaimer in the notarial real estate purchase agreement always effective?

No, these are general terms and conditions that are subject to judicial content control and may not exclude all damage, cf. BGH, default judgment of September 19, 2007-VIII ZR 141/06, at least if they are used repeatedly by the seller, such as at a builder.

The property developer does not deliver at the contractually agreed time: You are entitled to compensation for damages for delay in accordance with § 280 BGB, for example in the amount of the rent for a replacement apartment and commitment interest as well as storage costs.

If there is no building permit for the converted attic, the seller is liable.

Has the seller maliciously concealed defects, e.g. only treated and concealed mold/moisture visually?

As a buyer, you are entitled to compensation in accordance with § 280 BGB in the amount of the fictitious costs of remedying defects, which you can have determined in an independent evidence preservation procedure.

If there is no horizontal barrier and moisture rises in the masonry as a result of capillary action, there is usually a claim for damages, cf. OLG Frankfurt, judgment of February 10, 2006, 21 U 57/05, since the usual condition of a used property also expects freedom from moisture may be.

A marten “lives” in the roof?

A marten is a defect that needs to be reported, but not if it appeared years ago.

Instead of compensation for damages in the amount of the fictitious costs of remedying the defect, you can also demand the rescission of the purchase contract or declare the rescission and assert a claim for compensation.