Contract not fulfilled
September 22, 2009 | 30,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
we had instructed our long-standing tax advisor to represent us after a tax office visit, that is, to represent our interests. Since the matter was completely unfamiliar to us in terms of criminal and tax law, we believed that everything he undertakes in our case is to our advantage.
Later, we unfortunately discovered that our tax advisor neglected to promptly review the evidence status at the tax office and to document it upon engagement. As a result, substantial costs have been incurred for us, as incorrect facts were presented by the tax office.
What to do? Who takes on such a case within a 20 km radius of Mülheim-Ruhr?
Yours faithfully,
Dear Seeker of Advice,
Thank you for your inquiry!
Taking into account the information you provided, I would like to answer the questions you have asked as follows:
Based on your description, it appears that the tax advisor you hired has breached their duties towards you. If you have suffered a verifiable financial loss as a result of these breaches, you may be able to claim damages from the tax advisor (who could then turn to their professional liability insurance) under the aspect of breach of duty according to § 280 of the German Civil Code.
To determine the extent of the damages, it would be necessary to compare the situation that would have arisen if the tax advisor had not breached their duties towards you with the actual situation. The costs you have incurred as a result of the breach of duty by the tax advisor would then constitute recoverable damages.
Therefore, I recommend that you first contact the tax advisor and confront them with the accusations of breach of duty / damages and remind them of their professional liability insurance, requesting them to submit the claim for damages there.
If the tax advisor refuses, you should engage a colleague experienced in tax law to represent your legal interests. Ideally, a specialist lawyer in tax law who is also familiar with tax criminal law. You could inquire at the local bar association for a suitable colleague who meets your requirements.
I hope that my explanations have been helpful to you. Please feel free to contact me through the follow-up option on this portal or via my email address.
I would like to point out the following: The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive review of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I wish you a pleasant Tuesday afternoon!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax.0471/57774
