In autumn 2019, they are said to have persuaded an elderly woman to sell her property on Lake Traunsee to a real estate company for 750,000 euros, even though the market value was 1.66 million euros. The owner was no longer legally competent at the time, the allegation goes.
- Background to the dubious real estate deal: The house on Lake Traunsee and the serious fraud: the start of long trial days
If convicted, the defendants face one to ten years in prison. A class action lawsuit has also been filed against the real estate company, which could result in a fine. The defense attorneys called for all of them to be acquitted. The defendants would not answer questions from the public prosecutor or the private party’s attorney during the trial. Two things would play an important role in the verdict, it was said: the elderly lady’s incapacity to conduct business and her ability to be recognized, as well as the value of the property sold with the associated rights and restrictions.
Lawyers and notary interviewed
The two lawyers and the notary were questioned on the first day. While they answered the judge, they refused to be questioned by the prosecution on the advice of their defense attorneys. The notary was accused of having overlooked a misspelled date of birth when authenticating the signature. Further questions revolved around a private psychiatric report, at which the notary and other defendants had also appeared.
The judge wanted to know more about the purchase agreement from the accused lawyer, who in this case drew up the contract. The topic was subsequent changes that might have prevented the seller’s family from accessing the lakeside property. The role of the granddaughter, who was present at the signing, was also questioned. Chat logs are available that she had exchanged with a lawyer before and after. The lawyer had advised her to postpone the appointment and have the contracts checked again.
- You might also be interested in: “My mother didn’t know what she was actually selling until the end”
“Not relevant in terms of criminal law”
A defense attorney described the incident as irrelevant in terms of criminal law. For the real estate company, “the transaction was a normal one.” The estate agent and the other parties involved were unable to recognize that the elderly woman was incapable of doing business, it was said. The value of the transaction was also in doubt due to various valuation methods and normal fluctuations. For the exclusive tourist use and sub-leasing, the actual sales value was appropriate for the real estate company, said one of the attorneys in his opening statement.
The trial will last several days. Further hearings are scheduled for June 13 and June 27, but it is unclear whether a verdict will be reached by then.
My themes
For your bookmarked topics
new articles found.
info By clicking on the icon you add the keyword to your topics.
info
By clicking on the icon you open your “my topics” page. You have of 15 keywords saved and would have to remove keywords.
info By clicking on the icon you remove the keyword from your topics.
Add the topic to your topics.
Source: Nachrichten
