Legal Assistance for German Real Estate Issues


Questioner

Good evening, We sold a retail property in Germany in 2014. We have now received a letter from a German lawyer on behalf of the buyer stating that the property has moisture problems (which we are not aware of). They are demanding that this be remedied, or else they will initiate termination of the purchase agreement (as far as I understand).... Apart from substantive questions about this, first: Responses must be received by 10/25. Now my question is: - may we request to receive this letter in Dutch? - Can we respond in Dutch? -Are we bound to this (response) period? -Can we send a kind of 'pro forma' letter in advance regarding the specified date, with the comment that a final version will follow as soon as possible? I understand that the above does not have much to do with real estate. If this relates more to another type of law, would you please indicate where we can find information on such 'international - legal' questions? Finally, do you know if there is such a thing as a Dutch or English translated German law book online? Many thanks in advance for your effort! Kind regards,

Lawyer

My advice is to contact a German lawyer as soon as possible. There is a good chance that this matter will be dealt with under German law and that a German court will have jurisdiction.

Lawyer

I assume that in your case the purchase agreement is drawn up in German, is this correct? German law applies to a purchase agreement for a property located in Germany. The agreement must be signed by a German notary and is therefore usually drawn up in German. If this is the case, it seems to me possible that you will be summoned in German. The summons has the consequence (among other things) that the other party can summon from the aforementioned date without running the risk of having to pay the costs of the proceedings - this of course only applies if they win the case. It is quite common for lawyers to ask for an extension of a term. If you do not receive confirmation that the term is indeed extended, you always run the risk of being summoned. Whether the other party actually proceeds to summons immediately often depends on whether or not they are interested in a settlement. Of course, it is also important whether the other party assumes that they will win a legal procedure. In Germany, the person who loses the case almost always has to pay the court fees and legal costs of both parties. If you google German Civil Code BGB, you can find a translation of the German Civil Code. However, it seems to me that it is not possible to solve your case with the code alone. As for defects in buildings, you will also need some knowledge of case law.

Lawyer

I think German law applies and a German court will have jurisdiction. So it would be a good idea to hire a German lawyer. We will be happy to help you. We can send a letter to the other lawyer today/tomorrow and request an extension. To the point: if the notary has used the ordinary text, the buyer must provide proof that you were aware of it.

Questioner

Thank you very much for your advice and answers! Yes: the property and the deed of sale are German/German notary. This also concerns German law. My question was mainly: whether there is an international regulation on correspondence between a private individual and a foreign lawyer: whether there is perhaps a rule that this must be done in the language of the “accused”. We have asked the German lawyer about this by email, but have not yet received a response. (the above probably applies to legal proceedings but perhaps not to “normal” correspondence with a lawyer)? Since we have to respond (until October 25, 2016) with “Stellungnahme” we are now sending an email with answers to his points and a request for a postponement. Both in (coal) German and in Dutch- This again includes the question about translation and the comment that if no postponement is possible, this letter in Dutch should be considered as a formal response. I think he is prepared to settle because he indicates that there is a possibility to repair the defect (being a moisture problem) until 30/11/2016. Otherwise, to request termination of the purchase agreement. However, we were not aware of any defects until this letter. And there was no problem at all when it was sold in 2014. In addition, they do not send any proof that there is a moisture problem. We will of course ask for this. But we believe that the buyer wants to get rid of the property for other (personal) reasons. So my question now is: - To what extent are you bound by a deadline set by a lawyer, such as 25/10/2016? - Is the lawyer obliged to grant an extension if we (private individuals) request this? Thank you very much!

Lawyer

If (as is likely to be the case) German law applies, your questions should be answered under German law. As I have already advised you, you would be wise to engage a lawyer/attorney who can assist you in Germany and with knowledge of German law.

Lawyer

Question 1) If you do not respond, you should expect the buyer to summon you. Question 2) A lawyer is not obliged to grant an extension – but he will do so if there are reasons given (e.g. time for translation, a lawyer is hired). According to German law, the buyer must first demand redress before he may request termination. This does not mean that he is prepared to settle. Jan Paul Kleijwegt was right. Good advice is expensive – no advice or very good advice is more expensive!

Neem de volgende stap

Blijf niet rondlopen met vragen over je situatie. Stel je vraag en krijg persoonlijk antwoord van een ervaren jurist.
Privacy is gewaarborgd.