BGH: Notarized agreement decisive, not the draft agreement
GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: A purchase agreement for real estate needs to be certified by a notary. Should a dispute arise regarding the content of the purchase agreement, it is the wording of the notarized document that is decisive and not that of the draft agreement whose content deviates from the former. This has been confirmed by the BGH.
In the instant case, the plaintiff had acquired land with a hall built on it from the defendant. Before the agreement was definitively concluded, the notary sent both parties a draft version of the agreement pertaining to the real estate purchase. The draft stated, among other things, that the land had a hall built on it and that the buyer was purchasing the land in its present age-related condition. The notary was more specific in the notarized purchase agreement. For instance, he specified the size of the hall as 640 m². Furthermore, the buyer was to acquire the property together with the furnishings.
The buyer ultimately demanded payment of damages from the seller, justifying this with reference to the hall being only 540 m² and claiming that the fitted kitchen had been removed before the property was handed over. The claim was unsuccessful before the courts of lower instance, as the parties were said to have made no arrangements indicating a specific size for the hall or concerning the sale of furnishings. The BGH, on the other hand, reached a different conclusion.
The Karlsruhe judges ruled that the text of the notarized purchase agreement was of paramount importance. They held that the notarized purchase agreement was a public deed, and that these kinds of documents testify that the statements made correspond with the written content. They also stated that there is a presumption that the deed is complete and accurate. The Court went on to say that this presumption is not rebutted by presenting a contrary draft agreement, since this would contradict the purpose of notarial certification. It concluded that a draft is not sufficient as a conclusive record of the parties’ intentions.
With this ruling, the BGH has once again clearly emphasised the significance of certification by a notary. Before a notarized purchase agreement is signed, its content should therefore be carefully reviewed. Lawyers who are versed in the field of sales of goods law can offer advice.
GRP Rainer LLP www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London UK.
Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Phone: +49 221-27 22 75-0
This release was published on openPR.
Permanent link to this press release:
Please set a link in the press area of your homepage to this press release on openPR. openPR disclaims liability for any content contained in this release.
You can edit or delete your press release BGH: Notarized agreement decisive, not the draft agreement here
News-ID: 448317 • Views: 2562
More Releases for BGH
Hydroponic Equipment Market Size to 2023 Focusing on General Hydroponics, Botani …
Hydroponic Equipment market analysis mainly introduces the changing market dynamics in terms of covering all details inside analysis and opinion, volume and value market share by players, by regions, by product type, by consumers and their price change details, cost/revenue structure. Additionally, the analysis of Hydroponic Equipment offers a detailed breakdown of key market growth drivers and limitation along with impact analysis of the same. ICR World’s Hydroponic Equipment market research
Global Bright steel bar market 2017 - Omega Bright Steel, BGH Edelstahl, Midland …
Apex Market Reports, recently published a detailed market research study focused on the "Bright steel bar Market" across the global, regional and country level. The report provides 360° analysis of "Bright steel bar Market" from view of manufacturers, regions, product types and end industries. The research report analyses and provides the historical data along with current performance of the global Bright steel bar industry, and estimates the future trend of
Insolvency: BGH bolsters creditors‘ rights
Good news for creditors of an insolvent business partner: In its ruling of June 22, 2017, the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, has bolstered their rights when contesting a debtor’s transactions in insolvency proceedings (Az.: IX ZR 111/14). According to insolvency avoidance law, the insolvency administrator can reclaim payments made by the insolvent debtor from the period prior to insolvency. This has resulted in legal uncertainty for payees and in
BGH: Health claims in relation to mineral water need to comply with the Health C …
Health claims in relation to mineral water need to be consistent with the Health Claims Regulation. This was confirmed by the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, in its ruling of January 30, 2017 (Az.: I ZR 257/15). Advertising featuring health claims pertaining to mineral water also needs to adhere to the requirements set out in the Health Claims Regulation. That was the verdict of the Bundesgerichtshof with respect to an
Eye-catching advertising featuring misleading guarantee promises
Advertising featuring a guarantee can be misleading if the guarantee promise is linked to conditions that are not clearly visible to consumers. That was the verdict of the Landgericht (LG) Frankfurt [Regional Court of Frankfurt]. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: Clear guidelines relating to what is termed “Blickfangwerbung” (attention-grabbing/eye-catching advertising) had already been set out by the Bundesgerichtshof
Remedying defects and shifting the burden of proof: BGH bolsters buyers’ right …
The Bundesgerichtshof (BGH), Germany’s Federal Court of Justice, has strengthened the rights of buyers and consumers in two recent rulings in the event of defects occurring in the object of sale (Az.: VIII ZR 103/15 and VIII ZR 240/15). GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: Both cases before the Bundesgerichtshof concerned defects in used vehicles that did not appear