Lease Contract Assistance: Your Legal Questions Answered

Questioner

9 years ago a lease contract was concluded for 12 years. The installation recommended and installed by the leasing company at the time consists of 2 boilers with a total capacity of 90 kW. it has recently become apparent that the capacity is far too high (45 kW would be more than sufficient) €52 lease is paid per boiler per month, the leasing company can be held liable for having acted incorrectly in this case and the contract is therefore still running for 3 years to break open? I would like to hear your opinion m vr greetings RG

Lawyer

If damage has occurred due to the excessive power of the boiler, the agreement has not been properly concluded and the supplier is liable for the consequential damage, unless you have been informed of this in the meantime. If this is not the case then you have a point.

Questioner

if by “damage” you mean that after 9 years 9x12x€52/2 =€5600 too much was paid (due to incorrectly advised and installed excess capacity), Do I have that “point”? PS the leasing company advisor recently claimed that my upstairs neighbor at the time consciously asked for the same power as before, apart from the advisor's own expertise/responsibility, my upstairs neighbor denies that positively