Nullity of Real Estate Purchase Agreement
20. September 2024
In our blog, we inform about current topics in the field of law.
Formal Deficiency of an Advance Payment Agreement and Nullity of the Purchase Contract – Federal Court of Justice (BGH), V ZR 8/23 A formal
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Judgment of the BGH dated 23.04.2024 – Case No. II ZR 99/22 A post-contractual non-compete clause for managing directors of a GmbH (German limited liability
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Judgments of the BGH of September 11, 2024 – Case No.: I ZR 139/23 / I ZR 140/23 / I ZR 141/23 Photomurals and copyright
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Filing for Insolvency and Restructuring Options For various reasons, many companies in Germany face economic difficulties. Management must look for suitable solutions to overcome
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Influence of Artificial Intelligence in Patent Law – BGH, Ref. No. X ZB 5/22 The use of artificial intelligence – AI for short –
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Cross-Border Inheritance and the EU Succession Regulation An increasing number of inheritance cases have an international dimension, for example, when the deceased has German
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Bequests and Gifts For married couples, the so-called Berlin Will or spousal will is particularly popular. It offers the advantage that after the death
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Judgment of the Cologne Regional Court on Co-Liability in Loans – Case No.: 8 O 232/22 A divorced spouse is not liable for a
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Decision of the German Federal Court of Justice (BGH) of May 22, 2024 – Case No.: IV ZB 26/23 Even after a divorce, a
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Judgment of the Higher Regional Court of Hamm dated April 16, 2024 – Ref. No.: 4 U 151/22 “Rate your purchase” – customers are
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Judgment of the Federal Labor Court from August 20, 2024, Strengthens Employers – Ref. No.: 3 AZR 285/23 In the case of salary conversion for
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Evidence for an “Under-the-Table” Agreement – Judgment of the Regional Court Itzehoe, Case No. 2 O 136/23 “Under-the-table” work can be sanctioned with substantial
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Violation of the Health Claims Regulation A pharmaceutical company advertised that it could provide thicker hair within a few weeks. However, the claims were
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Correction of the Tax Assessment After an Audit – BFH III R 14/22 If profit is determined using the income-excess method, the manner in
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Parking Garage is Not Business Property – Ruling of the BFH on February 28, 2024, Ref.: II R 27/21 Real estate that is leased
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Tax Incentives for Housing through Charitable Purposes In response to high rents and housing shortages, the German government is reintroducing non-profit housing. In early
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Jurisdiction Agreement Without Additional Foreign Elements On February 8, 2024, the Court of Justice of the European Union (CJEU) ruled that two contractual parties
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Division of Pension Entitlements When a marriage has irretrievably broken down and ends in divorce, it is essential to clarify the financial claims between
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Ruling of the Karlsruhe Higher Regional Court – Case No.: 5 UF 219/23 After parents separate, it was once common for the children to
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Judgment of the OLG Frankfurt from June 27, 2024 – Az.: 6 U 192/23 If cookies are stored on a user’s devices without their
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Mandatory Disclosure by the ProReal Companies Investors have put around 278 million euros into ProReal Europa 9 GmbH and ProReal Europa 10, providing the
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Judgment of the LG Hamburg from July 19, 2024 – Az.: 327 O 195/23 If you want to protect your trademark, you shouldn’t wait
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Right to Recognition of Authorship – BGH I ZR 102/23 Even if authorship is contested only towards the author, this can still constitute a
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OLG Munich on Removal for Important Reasons – Case No.: 23 W 354/23e Even seemingly small errors in bookkeeping can be an important reason
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Purchase Agreement Not Void Due to Agreement to Evade Taxes – BGH V ZR 115/22 Despite an undeclared cash agreement, a real estate purchase
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No Difference Between Brick-and-Mortar and Online Sales – BGH I ZR 43/23 Deceptive packaging remains deceptive packaging, whether it is displayed on store shelves or
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Leipzig District Court Opens Preliminary Insolvency Proceedings On July 18, 2024, the Leipzig District Court opened preliminary insolvency proceedings for PREOS Global Office Real Estate
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Temporary Revocation of Authority Without Court Order – Judgment of the LG Stuttgart – Az.: 49 O 142/23 According to a remarkable judgment of
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Decision of the OLG Oldenburg – Az.: 3 W 96/23 There is a lot to find behind the counter. Glasses and drinks, of course, coasters,
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Judgment of the Regional Court of Koblenz on March 14, 2024 – Case No.: 3 O 457/23 The gifting of savings books can be effective
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BGH Strengthens the Rights of Bank Customers – Case No.: XI ZR 107/22 It’s a shocking experience when criminals hack into online banking and make
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Judgment of the Düsseldorf Regional Labor Court dated May 21, 2024 – Case No. 3 SLa 224/24 Work clothing does not need to be liked
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Ruling of the Federal Court of Justice (BGH) on June 27, 2024 – Case No.: I ZR 98/23 Climate protection is an important issue for
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Open Real Estate Fund Devalued by Almost 17 Percent The open real estate fund UniImmo Wohnen ZBI has experienced a dramatic decline: Following a special
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Munich Regional Court on Protected Geographical Indication – Case No. 33 O 4023/23 In a legal dispute before the Munich Regional Court I, the focus
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Returning to Tax Legality with Voluntary Disclosure Those who have concealed taxable income or provided incorrect or incomplete information to the tax authorities may be
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Ruling of the Nuremberg Tax Court on January 24, 2024 – Case No.: 3 K 1158/22 Undeclared work can have serious consequences both criminally and
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Ruling of the Federal Fiscal Court (BFH) of 26.09.2023 – Ref. IX R 13/23 If a property is sold within the speculation period of ten
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Decision of the Munich Higher Regional Court on March 6, 2024 – Case No.: 2 UF 1201/23 e Children are only obligated to support their
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Federal Fiscal Court Eases 90% Threshold Test – Case No.: II R 49/21 For family businesses and medium-sized companies, the question of future leadership often
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Misleading Search Engine Results – Website Operator Liable Companies that operate websites naturally want them to be easily found on the internet. Metadata on a
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Publication Only with License – Decision of the Munich Regional Court, Ref.: 42 O 10792/22 Films, videos, music – online platforms make such works publicly
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Decision by the Higher Regional Court of Oldenburg on July 17, 2023, Ref.: 12 U 214/19 In the construction of a property, the acceptance of
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Key Points to Regulate in a Commercial Agent Agreement Two essential points that should be regulated in a commercial agent agreement are the commission entitlement
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OLG Schleswig on the Assignment of the Indemnification Claim, Case No. 16 U 93/23 The assignment of an indemnification claim from a D&O insurance policy
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Contractual Regulation Takes Precedence After a corporate transaction such as the sale of business shares, disputes can arise between the buyer and seller even after
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Decision of the Brandenburg Higher Regional Court (OLG) from March 19, 2024, Ref.: 3 W 28/24 Depression and alcoholism do not automatically lead to incapacity
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Bank Must Refund Processing Fee After Berlin Court Ruling An Immobiliengesellschaft (real estate company) paid around €39,000 in processing fees to a bank for taking
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Judgment of the Düsseldorf Labor Court on the Effectiveness of a Warning Letter In labor law, the warning letter is an important instrument to remind
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Reporting Obligation for International Capital Transactions For many companies, international trade relations and cross-border transactions are routine. However, international trade also entails various reporting obligations.
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Decision of the Federal Constitutional Court of March 12, 2024, Case No. 1 BvR 605/24 Procedural equality of arms is a crucial cornerstone in court
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Ruling of the Hamburg Regional Court on Brownies with Less Sugar and Fat Brownies that are perfect for a diet? Such advertising claims are certainly
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Judgment of the Federal Fiscal Court on the Requirement of Intention to Bestow Benefits in Hidden Profit Distributions (vGA) – Case No.: I R 9/20
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Ruling by the Federal Finance Court on Tax Exemption Due to Personal Use, Ref: IX R 14/22 If the purchase and sale of a property
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Sales Platform Must Ensure Cancellation Option Anyone offering subscriptions, training sessions, and similar services online must also ensure that a cancellation button is available on
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Important Decision of the German Federal Court of Justice (BGH) on Custody Rights Custody rights often become a contentious issue for separated parents. The German
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Frankfurt Higher Regional Court: Separation does not require moving out of marital apartment The separation year precedes the divorce of a marriage. During this year,
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Judgment of the Higher Regional Court of Düsseldorf, Ref.: 20 U 56/23 Photos are meant to evoke a desire for vacation, and photo wallpapers in
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Legal support for investors in struggling investments There seemed to be no limits. The booming tech industry created a gold rush atmosphere among both startups
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Higher Court of Zweibrücken: No Higher Price Due to Increased Material Costs Rising construction costs and high interest rates have not made purchasing property any
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General Court: No Design Protection for Sneakers Already Known to the Public A social media post can have dire consequences, even for design protection. This
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Judgment of the Federal Constitutional Court of April 9, 2024, Case No.: 1 BvR 2017/21 The Federal Constitutional Court has strengthened the rights of biological
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Insolvency Application for d.i.i. 14 GmbH & Co. Closed Investment Limited Partnership The current difficult situation in the construction industry has already brought significant economic
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Criminal Legal Protection in D&O Insurance Managing directors carry a high risk and can also be personally liable. D&O insurance is intended to mitigate this
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Ruling of the BFH on Tax Disadvantages due to Jastrowsche Clause The Berliner Testament is popular among married couples because it is particularly suitable for
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Legal Options for Investors Concerning Greenwashing Sustainability has also made its way into the capital market, at least according to the wishes of investors. For
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Higher Regional Court of Oldenburg: Cash includes money in bank accounts Wills should always use clear terms to avoid ambiguity and ensure that the testator’s
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Companies Must Prepare for Liability Lawsuits In mid-March, the member states of the European Union agreed on the new EU Supply Chain Law. While the
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Judgment of the Potsdam Regional Court on Joint Liability and Guarantee in Loans Anyone who undertakes the guarantee for a loan or signs the loan
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