What sellers point out when buying a property and what information buyers have to gather themselves has long been controversial. Now Germany’s highest civil court has decided.
For example, sellers of real estate must adequately inform buyers about upcoming renovation costs. From the point of view of the Federal Court of Justice (BGH), it is not enough to place documents in a virtual data room shortly before the planned conclusion of the contract without corresponding information.
Only in individual cases is no clarification necessary, said the presiding judge of the fifth civil senate in Karlsruhe. Among other things, it depends on what agreements there were for the use of the data room and how important the information in question is. (Af. V ZR 77/22)
Specifically, it was about a case from Hanover and renovation costs running into millions. The Celle Higher Regional Court saw the responsibility primarily as the buyer’s to obtain all the necessary information before concluding the contract. The BGH has now essentially overturned the judgment. The Higher Regional Court must negotiate again and clarify crucial questions that are still open.