18.10.2021 | answered by Bernhard Müller
Hello,
a traditional orchard (a single, contiguous parcel) is shared in proportion to half by family A, with the other half being divided equally among families B, C, and D (family D shares their third with another family member). It was agreed at le...
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24.06.2021 | answered by Jasmin Pesla
Background:
A lawyer is hired by the legal protection insurance for out-of-court representation. The client wanted to take legal action immediately, as he had been in out-of-court correspondence with the other party for months without reaching a sati...
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28.05.2019 | answered by Steffan Schwerin
The following is true.
We have a permanent pitch on a campsite (caravan and permanently built awning).
We receive a new annual lease for this pitch every year.
For 26 years now!
And we now also pay second home tax for the caravan pitch.
The awning h...
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27.07.2018 | answered by Steffan Schwerin
Dear Sir or Madam,
I would need a purchase contract for the sale of a van (Mercedes Sprinter), the vehicle was used commercially by me and will now also be sold commercially.
The buyer inspected the vehicle yesterday and after the test drive, we ag...
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29.07.2015 | answered by Stefan Steininger
I have recently started working at a music school. Now I have given a trial lesson to a potential customer for the music school. There is no signed contract between this potential customer and the music school. For various reasons, this customer has ...
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03.12.2014 | answered by Jasmin Pesla
How do I properly set up a contract for a rental prepayment of 10 years? It should include the following information: Amendment to the lease agreement dated 1.07.2011, the following agreement is made:
The tenant will pay a one-time payment for the r...
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02.11.2014 | answered by Jan Wilking
Is it possible to revoke the right of way and passage?
We have a neighboring property of about 1000 square meters, which can only be accessed through our 3-meter-wide path. The property is to be sold, but has not been designated as building land for ...
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26.06.2014 | answered by Stefan Steininger
Our employees receive a supplement for Sunday and night work; these are social security and tax-free. According to a ruling by the Federal Labour Court (BAG), this supplement should also be paid in case of illness. Does this apply in general? Is ther...
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02.06.2014 | answered by Jan Wilking
We are tenants in a single-family house. The tank has probably never been cleaned or it has been decades since it was last cleaned. The house is now 40 years old. We have been tenants for only 5 years.
The heating system constantly failed due to bur...
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27.05.2014 | answered by Jasmin Pesla
Hello and good day,
I am pregnant during the probation period (01.01.2014 to 30.06.2014) with a fixed-term contract (end 31.12.2014). Section 2 of the probation period states: "This employment contract is provisionally concluded for a trial period of...
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15.05.2014 | answered by Jan Wilking
Dear legal counsel,
I am currently facing a behavioral issue of purely legal nature. I have already inquired about the issue here, but was unable to find an appropriate answer in relation to the correct behavior in my situation. Here is the situatio...
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13.05.2014 | answered by Jan Wilking
Rent dispute, round 5:
Dear Sir or Madam, in the context of certain disputes with the landlord, there is a new question: Several weeks ago, we discovered a blockage in our toilet that could not be fixed with the usual methods. We informed the landlo...
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07.05.2014 | answered by Jan Wilking
Dear Sir or Madam,
Based on my previous good experiences, I would like to clarify a final matter in terms of rental law or find out a possible trend. I am aware that street noise as a reason for rent reduction is a delicate issue and often tends to ...
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12.02.2014 | answered by Jan Wilking
In our condominium with 6 owners, we employ a garden helper who shows aggressive behavior towards me as a co-owner because I have valid reasons for monitoring his activities, which do not fully meet the requirements of his job description. He is supp...
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28.01.2014 | answered by Steffan Schwerin
During our apartment search, we came across a property that was offered with a commission of 1.19 net cold rents including legal VAT. The apartment was viewed and now we have the lease agreement and broker commission invoice in front of us. Contrary ...
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11.12.2013 | answered by Steffan Schwerin
Hairdresser visit:
Customer X wants a short haircut as usual for 10.00 EUR. Since she has been visiting the hair salon for some time, she knows that the service includes washing, cutting, and a quick blow dry to dry the hair if it is still wet after...
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07.05.2013 | answered by Jan Wilking
Hello.
Key facts:
Last year I bought a car, year of production: 2009, from a PRIVATE seller.
The purchase agreement was concluded in a car dealership where the person works.
The car was registered in the father's name.
Reason for the question:
The ...
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11.05.2012 | answered by Jan Wilking
Dear Sir or Madam,
Today I wanted to buy a car at a VW dealership in Rudolstadt, which is approximately 150km away from me.
I had the dealer assure me in front of witnesses that no dogs had been transported in the car, as I am allergic to dog hair.
A...
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03.05.2012 | answered by Andreas Scholz
Dear Sir or Madam,
we would like to sell our property and have given a qualified sole agency mandate to a broker, which includes the following passage:
"This qualified sole agency mandate relates to the provision of potential buyers or the negotiat...
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29.04.2012 | answered by Steffan Schwerin
Hello,
for two years I have been using a car registered in my name. For tax reasons, the vehicle is linked to my part-time IT consulting business.
The private use amounts to 86%.
I now want to sell this car without being liable for any defects.
F...
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23.04.2012 | answered by Jan Wilking
Hello dear lawyers,
Since 01.11.2005, I have been renting a condominium, which has now been sold to a direct neighbor (same floor). The viewing was about 2 weeks ago, and the notification from the previous landlord stating "Mr. XXXX will be the new ...
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24.03.2012 | answered by Jan Wilking
The questioner is a provider of a small profession-specific online software that is sold "as is" or that can be changed/rebuilt at a cost according to the buyer's layout and/or functionality requirements. How and by what means the predetermined goal ...
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11.02.2012 | answered by Jan Wilking
A land partnership (GBR) consists of four partners (a, b, c, d). One of the partners (b) has had insolvency proceedings opened against them. According to the GBR agreement, the partner automatically leaves the partnership when insolvency proceedings ...
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09.12.2011 | answered by Dr. Danjel-Philippe Newerla
We have entered into a sublease agreement for a commercial property. There is now suspicion that the main tenant has been withholding the sublease payments for several months and has not been fulfilling their own rent obligations.
Who is obligated t...
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31.10.2011 | answered by Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
we moved into the above-mentioned rental agreement on May 1, 2006, which was in the condition of the previous tenant. This means that the walls were painted half-height in 2 rooms in a rich green, in 1 room in a rich blue, and in ...
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