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Legal Counsellor

Below you will find legal tips and first aid on various fields of law and specific cases. If you have suffered damages in one of the following cases, Berlin based attorney Sascha C. Fürstenow will be happy to advise you and offer you a free and non-binding initial assessment of your circumstances.

DSL Bank and the non-payment of building loans

Update 26.09.2023: In the meantime, DSL Bank has finally paid out the called partial loan to the developer. A serious damage for the client could thus be averted.   In an ongoing legal dispute, a client who used the services of attorney Sascha C. Fürstenow concluded a construction loan with DSL Bank for the construction of a residential...

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What actually happens to the loan interest after the agreed fixed interest rate?

Fixed interest rate: What is that? When taking out a loan, in addition to the actual loan amount, you always think about the agreed interest rate and the term. The interest rate can be fixed or variable. In order to have a certain security, especially with a fixed interest rate, this is usually guaranteed by the bank for a certain period of time,...

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Federal Court of Justice: No reser­vation fee for brokers

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,...

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Justified hope of aggrieved consumers of online casinos

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...

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Insol­vency filing oblig­ation of the managing director and liability issues

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....

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Conta­m­i­nated land: Liability, indem­ni­fi­cation and insurance

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...

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Loan fees in home savings contracts

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...

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Buying real estate — especially: Buying a condominium

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...

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The law for the protection of business secrets (GeschGehG)

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...

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Misuse of credit cards and giro cards

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...

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Retrieval of an incor­rectly made bank transfer

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...

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