Legal Counsellor

Many providers would like to attract owners with the new real estate partial sale and promise thereby profit and in particular for pensioners a safe age precaution. But even with this model, there may be disad­van­tages and actual as well as legal problems. This article looks at the potential gains, but also the associated risks, from a partial...

In the case at hand, the potential buyers of a property had paid a reser­vation fee in the amount of €4,200 and demanded its repayment after they had refrained from purchasing the property. The Federal Court of Justice examined the legality of this fee in the context of a reser­vation contract and reached a landmark judgment (judgment of April 20,...

Dresden Higher Regional Court rules in favor of injured consumers of online sports betting; this could also affect online gambling. OLG Dresden rules in favor of injured consumers of online sports bets This is the judgment of the OLG Dresden (Az.: 13 U 1753/22) of 31.05.2023, with which now further reliable case law of a court of higher instance...

Many people who own valuable objects, such as real estate or securities, at some point have the idea of giving them away within the family or to friends. That thereby a tax, the so-called gift tax accrues, know thereby still some. That one can reduce this, if one arranges it skill­fully, completely legally or also completely avoid, however no...

The managing director of a legal entity such as a GmbH (limited liability company) is legally obliged to file for insol­vency in the event of certain precon­di­tions of a company crisis. But what are these condi­tions? And what are the conse­quences if such a petition is filed too late or not at all? In the following legal advice, attorney Sascha C....

Conta­m­i­nated sites represent a risk that should not be neglected, especially when acquiring commercial real estate. If they are not recog­nized in time or even ignored, this can lead to high costs. But who pays for these costs? And how can I, as the seller of a property, indemnify myself against possible later liability claims? The following legal...

Postbank has a hard time helping its bank customer in the case of a subse­quently discovered erroneous bank transfer; at one point, Postbank did not even respond to lawyer submis­sions. What had happened: Bank customer trans­ferred €5,000.00 and immedi­ately there­after canceled the order: Hope for refund A bank customer of Postbank repre­sented by...

For years, the borrowers of ADAXIO AMC GmbH or its legal prede­cessor have been in dispute. GMAC-RFC Bank GmbH, as the legal prede­cessor of ADAXIO AMC GmbH, concluded thousands of real estate purchase contracts with consumers until it returned its banking license to GMAC-RFC Bank GmbH in 2008. Important note: this article was published in German...

In its court ruling of November 8, 2016, XI ZR 552/15, the Federal Court of Justice (Bundes­gerichtshof — BGH) also declares loan fees in home savings contracts to be unlawful; limitation issue Important note: the the Federal Court of Justice (Bundes­gerichtshof — BGH) ruling presented here is from 2016, and the case law contained therein may be...

To increase the pension through one’s own real estate without having to sell it completely sounds very tempting, especially for people of advanced age. Through the pension system in Germany, not all needs can be met and so other more lucrative ways must be found to improve the financial situation. These methods differ greatly from each other and...

When buying a condo­minium, from the point of view of the buyer, it is important that the purchase contract is legally in order and not to the detriment of the buyer. In addition to the purchase contract, the decla­ration of division (Teilungserk­lärung) must then be examined as a further important document.   On the contract of sale of a...

With the German Act on the Protection of Trade Secrets (GeschGehG), which came into force on 26 April 2019, the EU Directive on the Protection of Secrets was imple­mented and serves to better protect confi­dential know-how and trade secrets from illegal acqui­sition, use and disclosure. This means that the marginal regula­tions concerning the...

Misuse of credit cards, giro cards etc. after card and PIN have been inter­cepted or stolen from the post office / mailbox Unfor­tu­nately, it seems to be becoming increas­ingly common that when a credit card or giro card is sent by post and the bank subse­quently sends the corre­sponding PIN, the bank card and PIN either do not reach the bank...

It can be difficult to retrieve an incor­rectly made bank transfer, but it is possible under certain circum­stances, which is why you should always try to retrieve it from your own bank.   The facts of the case: retrieval of a transfer in the event of fraud­ulent recipient of funds A buyer buys a machine on the Internet. The seller requires a...