The Federal Court recently ruled on an innovation in the real estate law, reports the real estate myimmo.de. If a seller at the signing of a purchase agreement knowingly concealed defects, so the buyer has the right to purchase from the contract without giving notice to remedy the defect resign. Was set by him but that deadline, although he would have been in spite of deliberate deception is not obliged to exercise its right to cancel expires.
basis for this new legislation is a recently negotiated case. It was about a condominium in the water occurred. After the property owner had ( www.myimmo.de / guide / property-lexikon / apartment ) informed the manager, it was decided at a subsequent owners meeting to appoint an architect with the cause of research.
Shortly thereafter sold a plant's owners to stay. He concealed from the buyer the moisture entering the building. Meanwhile, the architect had met with the cause of misery, another owners' meeting decided on the renovation of the entire residential community. The said buyer admitted the seller a deadline for a defect. The latter came to his duty. However, the buyers came back then from the agreement.
The Federal Court ruled in favor of the seller, as it has complied with within the period of subsequent performance. Only special circumstances entitle the buyer to cancel the contract. This would be the case if it had been fraudulently deceived by end of the contract, so a scheduled remedial measures would be unreasonable for the buyer.
More information:
news.myimmo.de / withdrawal-from-purchase agreement-in-concealed ...
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Source: openPR
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