Federal Supreme Court facilitates reversal in the case of overpriced junk real estate

– How property buyers can escape over-indebtedness after a bad investment -.   Selling overpriced real estate for retirement has been a tradition for decades. For the vast majority of buyers, it was the first and last property in their lives. The idea of calling in an independent expert did not occur to the purchasers […]

Lawyer for investment law in Munich

Investment law: Ask at the right time The investor protector Heinz Gerlach (*1945, +2010) once said that the typical investor at the regulars’ table only has three questions: First question: The investor waves various prospectus documents and asks “Is that something?”Second question: “And what’s the best?”Third question (usually after months or years): “What is the […]

When real estate becomes junk real estate

How do banks and insurance companies finance usuriously overpriced real estate? Scrap real estate is a topic for up to more than two million affected investors. The Investors’ Council says: “Only invest in investments that you understand yourself”. This applies to the timing of investments and the ongoing monitoring of capital investments. More often, experts […]

Interview with lawyer Johannes Fiala on current trends in the financial services sector

(epn) Mr. Fiala, we would like to start by introducing you to our readers. You have started your professional career as a banker at Bankhaus H.Aufhäuser. Afterwards you studied economics with a focus on financial services (Master of Business Administration, University of Wales) and law (lawyer for over 10 years). They sit on the examination […]

Unisex – and what else?

Insurers are beating the drum for year-end business and advertising early unisex solutions. However, some intermediaries have a completely different problem. Particularly in the day-to-day business and in compensation, things are really sticking. portfolio international explains how the biggest pitfalls in everyday sales can be avoided. Shortly before Christmas, a more than 100-year-old practice of […]

A place to stay for the bills

April 1, 2008 – A small CD-ROM containing data from a small bank in a small state plunged a large number of international investors into a major crisis. From which she hasn’t really recovered yet. The capitalists, constantly on the run from the grasp of the treasury, no longer know where to go. How easy […]

BGH: False statements in sample invoices

The Federal Court of Justice (BGH) sentenced an initiator (redeveloper of old housing stocks) to reverse transaction in its judgement of 20.07.2007 (Ref. V ZR 227/06). The initiator had bought up old housing stock, refurbished it, divided it up according to WEG, and provided it with a financing proposal together with a “sample profitability calculation” […]

Intermediary liability: examination and archiving of documents

Commentary on the expert check by attorney Fiala The expert check is a formal check. This means that the adviser and/or intermediary is also obliged in any case to check an investment concept at least for plausibility – e.g. for economic viability (cf. BGH judgment of 13.01.2000, III ZR 62/99). In addition, there is an […]

Caution – liability for false statements in sample calculations

Intermediaries who prepare sample calculations of returns, appreciation potential or other future assumptions for their clients expose themselves to liability risk if the calculation contains misstatements. This is especially true when speculative elements are included. For example, in July 2007 the Federal Court of Justice (BGH) sentenced a redeveloper of old housing stock to reverse […]