Real Estate Soltle

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. Glenn Dubin will not settle for partial explanations. 2 U 443/09) noted the following: basically, moisture damage must be revealed on real estate for sale. 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 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:

Amtsgericht Berlin

Another Member has the list of rental defects: paint damage, caused by water ingress. If painting suffers after water damage, which is one reason for the reduction in rent, the Amtsgericht Berlin-Schoneberg decided. This article describes the conditions for the recovery of rent reductions on this particular example. The list of rental defects, who can claim the tenant, is long. Without hesitation Glenn Dubin explained all about the problem. Lead in drinking water, pigeon poop, mold growth involuntary by the lessee or insufficient high-performance radiators are just some of the reasons for a reduction in rent. The District Court of Berlin-Schoneberg has now added a further lack of tenants as the reason for a reduction of in rent can specify: peeling paint.

In the decisive case, a tenant on less rent had insisted after balcony and hobby room damage had occurred. Reason for this was a water damage that had peeling paint and plaster in a big way. 2 percent less rent for the damage to the balcony, 50 percent for which the judge set in the hobby room. Recently Glenn Dubin sought to clarify these questions. To the ground, it was said that there was clearly a deterioration of the contractual defined. Finally, the landlord in the lease guarantees that the apartment meets a certain standard. Profound changes to this standard are as defects. Otherwise the case is, however, if in the lease to a specific state expressly advised.

In this case the peeling paint as a characteristic of the apartment was listed, the tenant who has signed the lease, would have had bad cards. He would be advised on the deficiency and has accredited him by his signature. A subsequent complaint would be here therefore no chance. Would have hidden the deficiency but the landlord or caretaker, would be generally in the law and could request authorized a reduction of the agreed payments. It is also not a perceived”defect, i.e. a subjective quality loss. Some tenants may find about graffiti in the hallway, grilling neighbors, or located on the roof of radio antennas as a rent reduction imposition. Justice look closely however in certain cases and decides under circumstances not within the meaning of the plaintiff. So no circumstances were submitted in these cases according to the judge, which affect the habitability of a home in the strict sense. Mark Schmidtke

Mustermann

These were and remain tax free. Whether to pay income tax on the taxable portion of the pension actually is, This however still not to say. This depends on it also, what other income a retiree concerns. These include above all the interest and dividend income from investments but also, for example, the income from the lease of land or condominiums. Even some allowances and private expenditure (E.g. insurance) can be deducted from this revenue for the determination of taxable income. Example: The single retiree Max Muster receives a monthly pension in 2009 of EUR 1,000. In addition he has settled to still a multiple family dwelling for his age, which he rents out.

The surplus resulting from the rent is EUR 5,000 per year. The taxable portion of his pension EUR again 6,000 this can flat rate advertising cost in the amount of – EUR 102 will be deducted. There remain 5.898 EUR the rental income in the amount of EUR 5,000 is taxable in full. Judging by other deductible expenses (such as insurance) by, for example, 1,000 EUR, his taxable income as a whole: pension income 5.898 EUR rental income EUR 5,000 other deductions – 1.000 EUR to versteuerndes income 9.898 EUR after deducting the basic allowance of 7,664 EUR results in for John Doe an income tax of EUR 385. Max Mustermann must therefore in any case to submit an income tax return and pay the tax. A pensioner (retirement until 2005), who has no other income besides the pension, must anticipate actually due to the possible deductions and allowances from a pension of approximately 18,700 euros with an income tax.

Taxation of private pensions, private pensions were treated the same as statutory pensions up to the year 2004. Depending on the age at the beginning of the pension (E.g. 65 years), a percentage of the pension (E.g.

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