The broker and the sponge ....
found in notarial contracts, häuig the assurance that the seller is from current or previous sponge or house borer infestation nciht known. But what if the broker one - even if only minor dry rot was known?
According to the Higher Regional Court of Hamburg (Judgement of 29.8.2008 - 6 U 47/08) is a realtor at a house sale obliged to point at a locally limited and already eliminated sponge Bagatellschaden. That duty, it does not come by without comment after the presentation of an invoice. Rather, he is obliged to separate contexts in the "sponge" to point. It is sufficient if it the buyer by telephone to learn about the sponge and the related control account.
latter should, however, in doubt may prove to see exposed to the unpleasant demands. 49 S 16/10 - -
Thursday, December 16, 2010
Wednesday, December 15, 2010
Hollywood Wax Before After
brokers and tenants ....
with an interesting and not at all rare set of circumstances, the district court of Berlin in the Judgement of 29 September 2010 had (real estate, Issue 23, p. 1687) deal:
A tenant was looking for a tenant should accept what their internals. The plaintiff Agents the tenant had agreed to care for a new tenant. After such was found, called the broker who later complained Nachmieterin the object data, conducted a site visit and put together for the successful negotiations with the landlord the necessary data. The mention of the contact of the landlord was not by himself but by the previous tenant.
is questionable in this set of circumstances, whether a Provisionsansprüch is ever created. Because the detection principle is also provided the contact details of the negotiating partner (see Palandt-Strau, BGB, § 652 para. 25). An indirect proof, in which the broker, the customer only to a third person forwards, which in turn provides the necessary activity is not sufficient (ibid.). This Fallkonstelation saw the Berlin District Court in this case is not a given. The broker had acted in such a way that the broker client - had to do himself no further investigation after the owner - the Nachmieterin. Rather, he was entitled because of self-interest of the previous tenant that these contact the Nachmieterin name and go in his place with the Nachmieterin for owners and would negotiate. The broker had not moved so the typical brokerage to the previous tenant. In evaluative approach than the previous tenant was the prompting contact with the landlord view job success of the broker.
Thus the commission was to award him.
with an interesting and not at all rare set of circumstances, the district court of Berlin in the Judgement of 29 September 2010 had (real estate, Issue 23, p. 1687) deal:
A tenant was looking for a tenant should accept what their internals. The plaintiff Agents the tenant had agreed to care for a new tenant. After such was found, called the broker who later complained Nachmieterin the object data, conducted a site visit and put together for the successful negotiations with the landlord the necessary data. The mention of the contact of the landlord was not by himself but by the previous tenant.
is questionable in this set of circumstances, whether a Provisionsansprüch is ever created. Because the detection principle is also provided the contact details of the negotiating partner (see Palandt-Strau, BGB, § 652 para. 25). An indirect proof, in which the broker, the customer only to a third person forwards, which in turn provides the necessary activity is not sufficient (ibid.). This Fallkonstelation saw the Berlin District Court in this case is not a given. The broker had acted in such a way that the broker client - had to do himself no further investigation after the owner - the Nachmieterin. Rather, he was entitled because of self-interest of the previous tenant that these contact the Nachmieterin name and go in his place with the Nachmieterin for owners and would negotiate. The broker had not moved so the typical brokerage to the previous tenant. In evaluative approach than the previous tenant was the prompting contact with the landlord view job success of the broker.
Thus the commission was to award him.
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