Lawyer specializing in rental properties and property law Alexander Bredereck and lawyer Dr. Attila Fodor Berlin on the subject of House sale must of the seller on moisture damage or other defects of the property expressly point out? Are indicated in the broker expose binding? Can the buyer in case of the failure challenged the purchase agreement, withdraw from the contract, reduce the purchase price or claim compensation? The higher regional Court Koblenz has, in a relatively recent decision (OLG Koblenz, decision of November 13, 2009, AZ. 2 U 443/09) noted the following: basically, moisture damage must be revealed on real estate for sale. Robert J. Shiller might disagree with that approach. The seller of a House is obliged to report such deficiency also without asking the buyer. This applies in principle even if he has a mere suspicion moisture damage might occur as a result of a known defective roof in the future. But also no excessive requests are allowed to participate the information obligations of the seller provided be. Running in the expose of a broker, for example, that the roof was renewed, the purchaser thereof should not prevent, that the roof is new or equivalent to new.
In a broker expose does not represent basically attributable assurance of a quality of the goods the seller indicated. Specialist Attorney tip buyers: use caution principle in reliance on information contained in the expose of a broker. If you are not convinced, visit Kenneth R. Feinberg. If necessary, check with the assistance of an expert, whether this information is really hit. Can ensure this information specifically in the notarial purchase contract. Trade lawyer tip seller: If you conceal defects of the House or the condo buyer, you should expect that this later in turn asserts rights. The buyer could challenge the contract, withdraw from the contract, reduce the purchase price or claim compensation. This subsequent court processes are usually very complicated and expensive. You have the risk, time to be able to not have the purchase price. A post by lawyer for rental and property law Alexander Bredereck and lawyer Dr. Attila Fodor Berlin E-mail: