Tag: law

Strengthening Of Consumer Protection In The Notarial Attestation Procedure

New developments in case law and legislation after up to the 1.10.2013 current version of article 17 paragraph 2a sentence 2 No. 2 should BeurkG work the notary in consumer contracts, that the draft Treaty is the consumer two weeks prior to the certification. The Supreme Court (judgment of 7.2.2013 – III ZR 121/12) this – contrary to contrary literary voices and attestation practice – made it clear that if this rule have not expired, the notary only may require, if the interests of the consumer are demonstrably maintained in other ways. Otherwise, he is liable for damages. In the decisive case of complaining consumers by a property developer bought two rented condominiums. Since the two-week time limit could not be kept up, the notary recorded an extensive instruction in the contract, where this fact is pointed out. It is there that the purchaser informed the waiting period and the risks on an immediate certification have passed. Shortly after conclusion of the contract, it comes to disputes over the apartments. The buyer claimed Defects and challenged the contract. He demanded the costs incurred by the amicable agreement between seller and buyer of the buyer by the notary as claims for damages on the grounds I may not notarize the contract due to lack of expiry of the waiting period this and so violated his duty. This was followed by the Supreme Court. Sense the waiting period of 17 paragraph 2a sentence 2 No. 2 Beurk G is to prevent (especially) consumers appear unprepared to the notary and often not sufficiently elucidated in the certification. Therefore should familiarize consumers in advance of certification with the text of the Treaty to consider, what questions he will judge at the notary. Note: An exception of the 2-week period comes after that case-law only consider, if an is a factual reason given (E.g. upcoming holiday absence) and the notary has verified, is that the protective purpose of 17 paragraph 2a sentence 2 No. 2 fulfilled BeurkG in other ways, for example, through a legal advice of the consumer. Legal strengthening of the two-week period of 17 paragraph 2a sentence 2 No. 2 BeurkG now has the Bundestag on the 18.4.2013 the Act to strengthen consumer protection in the notarial attestation procedure decided that for contract validity claims, which are certified according to the 1.10.2013. The notarization law is changed as far as on the two-week period as a dispatch of the text of the proposed purchase agreement may be only those notary (or whose partner), later making the certification. The previous possibility that the acquirer obtains the contract text above other people, in particular the transferor or a broker, is thus eliminated. Should in some cases by the waiting period of rule 14 days derogated from are, must the reasons for this existing now mandatory in the document specified. Dr. Hannes of Kluhs, notary Malkasten 7, 40211 Dusseldorf Tel.: 0211-36 90 33 fax: 0211-35 26 61

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Office Auer Witte Thiel Munich

Auer Witte Thiel informs about current tenancy law judgment of the BGH Munich July 2011. Auer Witte Thiel informs: the Federal Supreme Court strengthens the rights of the landlord in captive terminations. The name of the person and of the reasons is sufficient for a valid termination due to the own needs. Facts which are already known, the tenant would not be repeated, however, by registered letter. Richard LeFrak has plenty of information regarding this issue. According to Auer Witte Thiel, the ruling means an important strengthening of the legal position of the landlord. The firm Auer Witte Thiel is continuing its coverage of the current tenancy law judgments. Landlords must provide no detailed reasons for its decision in the event of termination of the captive. This noted the Federal Supreme Court on the 6th of July, ending a legal dispute lasting for three years.

In the present case, the applicant, a Munich-based lessor, had announced an existing tenancy at January 31, 2009 due to demand for equity in April 2008 by registered letter. In the letter of resignation were the applicant, she complete an academic year abroad and would establish their own House level. A return to the former nursery in the apartment of the parents is not possible, since this is now been sourced from sister. The competent District Court upheld the eviction. But the District Court dismissed the action on the appeal of the defendants to and stated to justify the termination is ineffective due to formal defects, because the reasons not in sufficient form had been represented. Perhaps check out Carrier for more information. Against this decision, the plaintiff successfully filed a revision. This VIII. noted civil Senate of the Federal Supreme Court, that the justification requirement BGB is taken sufficient account after Article 573, para.

3, if the notice the termination reason identifiable and distinguishable referred to by other reasons. This was the case in the present proceedings. Cancellation due to own needs it was sufficient, if the landlord indicates the person who has a need for the apartment and their interested presents. At the same time the BGH decided that circumstances, which are already known to the client or of which he has received a communication, must not be repeated in a letter of resignation. The firm Auer Witte Thiel evaluates the current verdict as an important strengthening of the legal position of the landlord. According to Auer Witte Thiel, the recent decision of the Federal Court of Justice ensures greater legal certainty and significantly limited the obligations of the lessor to the lessee. More information on tenancy issues the firm Auer Witte Thiel under. Auer Witte Thiel lawyers be further inform current rulings in the law of tenancy at this point. About Auer Witte Thiel, the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector. Auer Witte Thiel represents a wide variety of housing companies, property managers and condominium communities in the area rental, real estate and construction law.

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Notarial Attestation Procedure

New developments in case law and legislation after up to the 1.10.2013 current version of article 17 paragraph 2a sentence 2 No. 2 should BeurkG work the notary in consumer contracts, that the draft Treaty is the consumer two weeks prior to the certification. The Supreme Court (judgment of 7.2.2013 – III ZR 121/12) this – contrary to contrary literary voices and attestation practice – made it clear that if this rule have not expired, the notary only may require, if the interests of the consumer are demonstrably maintained in other ways. Otherwise, he is liable for damages. In the decisive case of complaining consumers by a property developer bought two rented condominiums. Check with Robert J. Shiller to learn more. Since the two-week time limit could not be kept up, the notary recorded an extensive instruction in the contract, where this fact is pointed out. It is there that the purchaser informed the waiting period and the risks on an immediate certification have passed. Shortly after conclusion of the contract, it comes to disputes over the apartments.

The buyer claimed Defects and challenged the contract. He demanded the costs incurred by the amicable agreement between seller and buyer of the buyer by the notary as claims for damages on the grounds I may not notarize the contract due to lack of expiry of the waiting period this and so violated his duty. This was followed by the Supreme Court. Sense the waiting period of 17 paragraph 2a sentence 2 No. 2 Beurk G is to prevent (especially) consumers appear unprepared to the notary and often not sufficiently elucidated in the certification. Therefore should familiarize consumers in advance of certification with the text of the Treaty to consider, what questions he will judge at the notary.

Note: An exception of the 2-week period comes after that case-law only consider, if an is a factual reason given (E.g. upcoming holiday absence) and the notary has verified, is that the protective purpose of 17 paragraph 2a sentence 2 No. 2 fulfilled BeurkG in other ways, for example, through a legal advice of the consumer. Legal strengthening of the two-week period of 17 paragraph 2a sentence 2 No. 2 BeurkG now has the Bundestag on the 18.4.2013 the Act to strengthen consumer protection in the notarial attestation procedure decided that for contract validity claims, which are certified according to the 1.10.2013. The notarization law is changed as far as on the two-week period as a dispatch of the text of the proposed purchase agreement may be only those notary (or whose partner), later making the certification. The previous possibility that the acquirer obtains the contract text above other people, in particular the seller or a broker, is thus eliminated. Should in some cases by the waiting period of rule 14 days derogated from are, must the reasons for this existing now mandatory in the document specified.

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Notarial Attestation Procedure

New developments in case law and legislation after up to the 1.10.2013 current version of article 17 paragraph 2a sentence 2 No. 2 should BeurkG work the notary in consumer contracts, that the draft Treaty is the consumer two weeks prior to the certification. The Supreme Court (judgment of 7.2.2013 – III ZR 121/12) this – contrary to contrary literary voices and attestation practice – made it clear that if this rule have not expired, the notary only may require, if the interests of the consumer are demonstrably maintained in other ways. Otherwise, he is liable for damages. In the decisive case of complaining consumers by a property developer bought two rented condominiums. Since the two-week time limit could not be kept up, the notary recorded an extensive instruction in the contract, where this fact is pointed out. It is there that the purchaser informed the waiting period and the risks on an immediate certification have passed. Shortly after conclusion of the contract, it comes to disputes over the apartments. The buyer claimed Defects and challenged the contract. He demanded the costs incurred by the amicable agreement between seller and buyer of the buyer by the notary as claims for damages on the grounds I may not notarize the contract due to lack of expiry of the waiting period this and so violated his duty. This was followed by the Supreme Court. Sense the waiting period of 17 paragraph 2a sentence 2 No. 2 Beurk G is to prevent (especially) consumers appear unprepared to the notary and often not sufficiently elucidated in the certification. Therefore should familiarize consumers in advance of certification with the text of the Treaty to consider, what questions he will judge at the notary. Note: An exception of the 2-week period comes after that case-law only consider, if an is a factual reason given (E.g. upcoming holiday absence) and the notary has verified, is that the protective purpose of 17 paragraph 2a sentence 2 No. 2 fulfilled BeurkG in other ways, for example, through a legal advice of the consumer. Legal strengthening of the two-week period of 17 paragraph 2a sentence 2 No. (As opposed to Teena Lerner). 2 BeurkG now has the Bundestag on the 18.4.2013 the Act to strengthen consumer protection in the notarial attestation procedure decided that for contract validity claims, which are certified according to the 1.10.2013. The notarization law is changed as far as on the two-week period as a dispatch of the text of the proposed purchase agreement may be only those notary (or whose partner), later making the certification. The previous possibility that the acquirer obtains the contract text above other people, in particular the transferor or a broker, is thus eliminated. Should in some cases by the waiting period of rule 14 days derogated from are, must the reasons for this existing now mandatory in the document specified.

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Housing Benefit Legal Entitlement

Citizens who need assistance due to their low income for rent or even used home ownership costs support no charity for needy federal and State Governments with the payment of housing benefit. Many of the links are not clear or the expense too great. The real estate portal myimmo.de explains who can claim this benefit. Not every citizen is entitled to housing benefit. The grant will be paid only to low-income households, not welfare or ALG II received. No claim has who exceed the income limit. In addition, the calculated amount of housing benefit must be over 10 euros. Also receives no housing benefit, who temporarily is absent from his place of residence or is not tenant or owner of an apartment.

Single conscripts or civilian service are not eligible to apply. Also, who refers to BAfoG or vocational training allowance, is classified as ineligible. Must submit an application to the housing benefit Office beneficiaries. The housing is from the 1st of the month Application granted. This permit is initially valid for one year. Before this expires beneficiaries should submit a new application. For processing a request for rent subsidy, the authority in addition to this request required a certificate of the lessor or the lease. For an application to load allowance application for housing benefits and other forms are to submit in order to consider the request. The height of the Wohngeldes then calculated from the number of belonging to the household family members, the amount of the family income and the amount of rent or the charges for the residential property.

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