Steve and Sherry

Colorado Springs Real Estate

Posts Tagged ‘law & taxes’

German Federal Supreme Court

Bundesgerichtshof, judgment of March 5, 2013 – in its judgment of March 5, 2103 the question dealing with II ZR 252/11 which had German Federal Supreme Court in Karlsruhe, under what conditions is a prospectus as complete. This is according to the BGH not isolated on particular circumstances or statements in the prospectus, but on the overall picture, that conveyed the investors, after careful and attentive reading through this brochure. The applicant drew shares in closed-end real estate fund, which was organized in the form of a civil law (GbR) in 1993 on the basis of the emission prospectus. In the prospectus is the responsibility, inter alia, that the shareholders of the GbR to creditors are liable, “first” but the land owned by the real estate funds should be recycled. For the financing of the project, the GbR recorded loans were secured by land charges. In the loan agreements with the issuing banks was the personal responsibility of stockholders in agreed to a height corresponding to their participation in the company’s assets.

Due to financing difficulties, in 2009 the Fund real estate sold and liquidated the company. The plaintiff paid 15,000 euros a share of loss on him deleted 68,000 euros, as well as in the year 2010 once again. The plaintiff demands compensation according to the principles of liability for the prospectus from one of the founding shareholders. This claim is supported on a faulty after plaintiff lecture prospectus, because the liability of investors had been inaccurate. So will create the impression in the prospectus, investors are only secondarily liable. Also will that the liability of investors for loans is fixed and does not reduce in part payment of the company informed on insufficient. The Court of appeal has accepted a claim for damages from liability for the prospectus in the broader sense. A prospectus liability in the broader sense is the liability of professional groups, which include a special confidence of its customers and in particular for wear with wealth of concern.

Increase In Preisgebundenem Housing Possible

Auer Witte Thiel: Federal Supreme Court strengthens rights of lessors Munich in April 2010: A updates BGH ruling strengthens the rights of the lessor at preisgebundenem housing. The tenancy law experts Auer Witte Thiel welcome this judgment. Landlord may request a rent increase now ineffective clauses about cosmetic repairs, this possibility according to Auer Witte Thiel has been completely excluded. The Munich-based firm Auer Witte Thiel informed as a long-standing partner of many residential construction companies and property managers on the new ruling. Robert J. Shiller may help you with your research. The defendant tenant lives according to Auer Witte Thiel information in publicly funded, preisgebundenem living room. The applicant informed the tenants first in a housing cooperative beauty repair clause contained in the General Treaty provisions be ineffective after the new jurisprudence of BGH.

Because due to the ineffective clause now has the cooperative to pay for redecoration and the lessor any change to the contract rejected the co-operative pursuant to 28 para 4 of second calculation Regulation (II. BV) increased his rent. The defendant tenant did not pay the higher rent according to Auer Witte Thiel and affiliated was prompted by the cooperative by action for the payment of the outstanding amounts. The Furth District Court dismissed the action of the cooperative, while it upheld the Landgericht Nurnberg Furth. The revision of the defendant tenant before the German Federal Supreme Court (BGH) had no success. According to the BGH judgment of March 24, 2010 (AZ: VIII ZR 177/09) the housing cooperative was so entitled, the rent on one side to increase the amount, informed Auer Witte Thiel. Reasons: According to article 11 para 1 S 1 of the Bavarian housing bond law can the cooperative as a landlord the tenant in writing explain that the remuneration paid by the lessee to be increased up to the amount of permitted pay if the lessee only to pay a lower fee.

Housing Value

Dittenheber & Werner from Munich lawyers inform the amount of spousal maintenance during the period of separation and the divorce is influenced by the rent-free use of apartments or houses. The basics of clearing this, called living value advantage with maintenance performance portray the Munich-based family law expert of the law firm Dittenheber & Werner. A spouse of living in separation or divorced couple using an apartment that is located in the property of the spouses, or together, was hired without providing rental services for this purpose, it enters the enjoyment of an eligible advantage in height saved rent. He reduces the amount of legally justified spousal maintenance as a living value. For assistance, try visiting The Related Companies. The value of residential real estate, calculated differently, depending on whether the spouses are in the time of the separation or already legally divorced.

During the statutory period of separation, the housing value is not about the amount of actually saved rent. Instead, it includes only the local rental appropriately reduced size, which corresponds to the matrimonial living conditions, would pay the apartment use spouse for an apartment. About this upcoming favoring the home user goes back to the assumption underlying the separation time, a reunion of the spouses is still conceivable. In the sense of legally imposed protection of conjugal cohabitation apartment use is encouraged here, not complicate a coming together of separate spouses. The favoring of the apartment using spouse ends with the legal force of the divorce. At that time, the residential value of full local rent of a residential property of appropriate size and quality is determined and applied on the spousal support.

If the spouses within the legal separation phase to decide finally to settle the economic consequences of divorce, or have a valid marriage contract that does this, the full value of living with beginning comes the separation time of the application. Other special features of the individual case, such as ownership, redemption obligations and advantages gained by the spouse who does not use the residential property, included in determining the value of living. To achieve an equitable interest determining of the value of living, is a specialist legal advice to be recommended.

German Estate

Learn the value of real estate is one of the most controversial elements of the gain compensation lawyers Alexander Dobiasch & Rupert Richter. Given its great practical importance, the law firm Danielleeee & judge family law specialists describe as the value of the property is determined. The dispute over the valuation of properties in the scheme of divorce consequences deals German courts and in the highest judicial bodies. In this context, the Federal Supreme Court in a decision dated November 17, 2011 formulated (BGH XII ZR 170/09) once more its principles. Starting from the relevant provision of, the real estate valuation in the equalisation in the responsibility of the competent court falls 287 ZPO. The judge dealing with the divorce effects control is optional, as he reaches that if his approach takes all circumstances into consideration a valuation of the property in question and to an understandable, realistic assessment. Usually, the court sets a knowledgeable reviewers, the real estate affected earnings and asset value methods for evaluating reach.

The Court undertakes this exactly run in his decision, what assessment methods were used and their result came as they. The relevant governing divorce consequences real estate value is not always the realizable value of sales. Low evaluated real estate during the sentencing and an improvement of the market situation at the same time is to be expected its value in the equalisation is applied, if necessary, than the current market value, if the sale of real estate is excluded. Prospect of such long-term rating is not taken by the Court, if the divorce parties sell real estate in question, to perform the equalisation. In this case, only count the actual retail value. Are done to evaluate condos, this based on the rent that can be achieved on the local housing market for a suitable rental property in General. The actual amount of the rent is not relevant for the assessment of a condo.

Are real estate placed in the equalisation, ignite quickly a dispute about its value. Those affected is urgently to advise on a professional, familienrechtlich experienced legal representation to express their interests and needs in court in light of the high value of the dispute. The family law expert of the law firm Danielleeee & judge in Bergen auf Rugen represent their clients in family law disputes for many years and are at the disposal for more information on the real estate valuation in the equalisation.