about the problem situation in allowances, I had already reported elsewhere. Suitable still to a ruling by the Higher Regional Court of Frankfurt in the year 2010 ( OLG Frankfurt / Main, Judgement of 09.22.2010, Az 19 U 120/10 )
then is to agree a lump-sum expense allowance of more than 40% of the contingent fee in the event of waiver of the intention to sell certification needs. After b § 311 para 1 BGB requires a contract by which one part obliged to transfer the ownership of land or to acquire, the notarization. It is settled law, this applies even if the agreement of a sensitive disadvantage, an indirect coercion shall be exercised or is to acquire a property or asset. With the agreement of a fee of more than 40% of the customer is identified so impaired in his decision freedom, so that he is under a sale or acquisition constraint. Such a high allowance is therefore without notary Beurkungung void.
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