Legal Advice on Liability and Appeals


Questioner

We have a holiday apartment on the ground floor in an apartment complex. On a Sunday we were called that water was coming through under our front door. In the apartment above us they were doing a renovation at that time. It was the click coupling that connects the hot water pipe coming from the boiler of the central heating stove that is located in the apartment and is owned by the owner with the new tap of the newly installed kitchen and had just been installed had come loose and hot water had sprayed out. Our apartment was a total loss. I immediately held the owners of the apartment legally liable and responsible by registered letter with a reply and have sent all mail in this case as such. I have kept a diary of the costs for many days with the receipts. I received 40% of the contents insurance and the hull insurance. My husband did most of it himself and bought a showroom kitchen. We lost the case against the installation company due to the fact that the expert report was not sufficiently substantiated. The problem was that there was no more report to be made. Only the observation that everything had already been restored and the connection had disappeared. We then filed the case against the owner. We won the appearance with 10/0 and it states that in the continuation of this appearance we will discuss the costs that you have had and see what you will still be reimbursed. Happy because it is a large amount over the € 30,000 plus the statutory interest plus the part of the lawyer's account. 3/10 what I had to pay myself over the loss of income but the worst thing is that I lost my husband who is in a nursing home who could not handle the fact that we did not get the money back he was not used to such things he got TIAs and now has a Multi infarct dementia Alzheimer I nursed him myself until the beginning of April but at the beginning of April he threw knives at me and could no longer do it so it completely destroyed our lives he had just retired in November 2008 when it happened he had worked for 50 years suddenly a verdict was pronounced on the same thing that had already been dealt with in the hearing and I am convicted which nobody understands and in the verdict it said then we do not have to pay the amounts that were so clearly on paper and everywhere the receipts 27/9/2016 is the cancellation date for the appeal what I now want to know who owns the relevant link according to model regulations 1973 and can you tell me why Thank you

Lawyer

It is a sad story with deep wounds, which I regret very worthy. The model regulation 1973 is intended for the VVE and a charter for agreements made between the VVE members. That the installation company has lost the connection is, in my opinion, an unlawful act and an obstruction of justice, or embezzlement according to article 321 of the Criminal Code. Too bad your lawyer did not respond to that. But that is beside the point. If it suits you, I would like to see various documents in order to be able to advise you further. You may send this via a private message.

Questioner

Thank you for your prompt response, the case against the owner of the apartment is about who the owner of the coupling is according to the model regulations 1973. you have common areas, common matters, and the private area to which it belongs, being the connection between the hot water pipe from the private heater and the new private tap on the newly installed kitchen, so it was in the kitchen cupboard under the tap. Just tell me which documents you want to see and I can send them to you, but then I need an address and there is no point in appealing against the owner. My sincere thanks in advance, with kind regards,

Lawyer

Appeal is very useful, because the higher court can refer the case back to a lower court. Therefore, it is important that this issue is thoroughly investigated. What does your lawyer say about this..? You can contact me directly (orange button) so that you can submit the documents. - verdict - expert report - regulation 1973 After this I will send you further information by private message.

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