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 |  Dennis Wiegard

In purchase law, the compensation of "fictitious" defect removal costs is still possible

The BGH decided that it is no longer permissible to settle a claim for damages due to defects in the building on the basis of the (fictitious) costs of remedying defects that are expected to be necessary but have not yet been incurred.
 |  Dr. Dieter Jasper, LL.M.

The architect is not a legal advisor

The Federal Supreme Court and the Higher Regional Court of Koblenz have both stated that architects must be very careful not to give unauthorised legal advice when providing services to their clients.
 |  Axel Kötteritzsch

Planning by the architect: When in doubt, down to the smallest detail

In its ruling of 28 January 2021 (reference 21 U 68/14), the Higher Regional Court of Hamm decided how detailed an architect's planning in the area of service phase 5 HOAI must be in case of doubt so that the architect does not incur liability.
 |  Dr. Dieter Jasper, LL.M.

Area deviation and rent reduction

The Federal Supreme Court (BGH) has clarified in a judgement (case no. VIII ZR 40/19) that not every disadvantageous deviation in area already leads to a tenant's right to reduce the rent.
 |  Axel Kötteritzsch

How does the architect get his fee in court?

In building projects, there are always disputes between the client and the architect about the architect's fees. It is not uncommon for a court to have to decide this dispute after a long, time-consuming and cost-intensive procedure.
 |  Dr. Dieter Jasper, LL.M.

Owners and liability

According to the Federal Supreme Court, an owner may be liable to third parties if a component or device in the rooms he or she has rented out was not in order and may have been at least partly responsible for the occurrence of the damage.
 |  Dennis Wiegard

Current higher regional court decision on the duties of the architect supervising the construction work

In its ruling of January 20, 2021 (Case No. 20 U 2534/20 Bau), the Munich Higher Regional Court (OLG) decided that one of the duties of the architect supervising the construction is to also supervise the execution of welding seams.
 |  Axel Kötteritzsch

WEG: Deviation from the declaration of division can be very expensive

As a member of an owners' association, you will at best have only read the declaration of division once before purchasing your property. A document that is very formally structured and strictly legal and therefore difficult for many to understand.
 |  Dennis Wiegard

Tenants can refuse to pay as long as landlords do not provide receipts (BGH)

Once a year, tenants receive the service charge statement from their landlords. All operating costs borne by the landlord are invoiced, and these costs usually increase every year.
 |  Dr. Dieter Jasper, LL.M.

Watch out when buying second-hand real estate!

Property purchase contracts for second-hand real estate can be treacherous for some buyers. Often these contracts contain widely known clauses whereby the seller declares that he is not aware of any invisible defects.