20.

April

BGH has decided: The reservation fee in brokerage contracts is invalid! Broker must pay back reservation fee! BGH, judgment of 20.04.2023, Ref.: I ZR 113/22 The I. BGH Senate responsible for brokerage law has ruled that the obligation of a prospective buyer to pay a reservation fee in the event that the purchase does not take place, as specified in general terms and conditions, is invalid. This [...]

19.

December

Addenda can be secured with construction workman's collateral! BGH, judgment dated 20.10.2022 - VII ZR 154/21 § 648a BGB a.F.; § 650f BGB The demand for a construction work security pursuant to § 648a BGB a.F.; § 650f BGB is a sharp sword for the contractor. The building contractor can demand such a security from his client in the amount of the outstanding remuneration [...]

06.

December

Transfer of real estate - From next year, it may become significantly more expensive The valuation rules for gifts and inheritances of real estate are to be significantly tightened according to the current draft of the Annual Tax Act 2022, which is to apply from January 1, 2023. Anyone wishing to transfer their real estate free of charge, in particular by way of anticipated succession, should therefore work with [...]

18.

January

ECJ on the mandatory price law of HOAI 2009/2013: German courts can, but do not have to apply! ECJ, Judgment of 18.01.2022, Ref.: C-261/20 - Case Thelen Technopark Berlin After the European Court of Justice (ECJ) in its judgment of 04.07.2019 (Ref.: C-377/17 - link to judgment) in the infringement proceedings against the Federal Republic of Germany found that the national mandatory price law of [...]

15.

April

On the morning of April 15, 2021, the Federal Constitutional Court issued a ruling declaring the Berlin rent cap (MietenWoG Bln) to be incompatible with the German Basic Law and thus null and void. The Federal Constitutional Court was prompted to examine the matter by a lawsuit filed by a parliamentary group of the CDU/CSU and FDP. Click here for the press release of the Federal Constitutional Court. The state of Berlin was not authorized to legislate. [...]

04.

February

Milieu protection is one of the most controversial real estate topics in politics and jurisdiction. Especially in Berlin, investors, but also owner-occupiers, must always be well informed about the "three M's" (milieu protection, rent cap and rent brake) before investing in residential property. Milieuschutz is designed to protect the traditional social milieu in selected areas from displacement. Read more [...]