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Real estate and law

Real estate and law

A blog about living, buying, renting, taxes and justice

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Keyword: Tobias

8 November 2023 General

Guest article: Art glazing in old Berlin buildings – preserve, restore, reconstruct

by Christiane Mergner There is a special treasure in Berlin: the old Berlin buildings from the turn of the century, in the Wilhelminian era

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7 November 2023 Notary office

public lecture on November 16.11.2023, XNUMX

On Thursday next week at 19 p.m. there will be an information event in the “Galerie Mutter Fourage” in Berlin-Wannsee. She judges

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28 October 2023 General / Notary office

Feedback through article statistics

Anyone who reads blog articles like mine on the Internet is usually looking for a solution to a problem

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26 October 2023 Notary office

Transfer against usufruct

The transfer of real estate (or shares in it) to children during your lifetime is often tax motivated. Donations are in Germany

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25 October 2023 Notary office

Documents for buying an apartment

If you don't buy real estate on a regular basis, you'll be asking yourself what documents the notary needs at the latest when you submit the notarization order.

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12 October 2023 Notary office / Taxes

Interview in the Berlin Real Estate Talk on October 17.10.2023, XNUMX

Next Tuesday I will be the guest again of Achim Amann, the CEO of Black Label Immobilien (registration here). We

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9 May 2023 Notary office

Tuesday, May 16th: 44th Berlin Real Estate Talk at BLP

Next Tuesday I'll be a guest at the 44th Berlin real estate talk at Black Label Immobilien. It's about fundamental questions

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8 April 2023 Notary office

new order forms for notarizing apartment purchase contracts

When preparing draft sales contracts, there is some information that is always required in the notary’s office. It makes sense to use this

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March 17, 2023 General / Politics

Continuation: Reduced Lending Values ​​by EU Directive?

The remaining useful life of a property is of crucial importance for its mortgage lending value. A reduced remaining service life specified by the EU directive

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March 16, 2023 General / Taxes

Save taxes with the EU

The remaining useful life of buildings has been significantly reduced since yesterday. This also has tax implications: legal basis According to Article 9 of the

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March 14, 2023 General / Politics

Hard to believe: the end of the new building activity immediately?

Today it is in the press that the European Parliament will more or less immediately stop all building activity in Europe

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March 8, 2023 General / Politics

What do US government bonds have to do with the German real estate market?

What different markets are there? Everywhere the press writes that the real estate boom of the last few years is over and single-family houses or

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8 February 2023 Notary office

Broker commission for pre-emption rights

The content of the contract does not change through the exercise of a right of first refusal. By exercising a right of first refusal (for tenants' right of first refusal see my yesterday

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7 February 2023 Notary office

Tenant right of first refusal

Basic rule If rented living space, which has been or is to be owned after being let to the tenant,

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6 February 2023 Notary office

interpreter in the certification

The following applies in Germany: the official language is German (see eg Section 23 VwVfG, Section 87 AO, Section 19 SGB X). Also

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5 February 2023 Notary office

The 14-day period for sales contracts

Impatience has no place in the notary. Sometimes it is desired that a certification goes as quickly as possible. The reasons are different

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4 February 2023 Notary office

How many notaries are there in Berlin?

Some statistics The information portal of the Federal Chamber of Notaries contains a very clear table in which the numbers of members of the Chambers of Notaries in

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3 February 2023 General

Don't be afraid of "professional beginners" - change in the admission requirements for the notary's office over time

There have been notaries as long as mankind has been able to write – our colleague Diehn in Hamburg even goes back to them

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2 February 2023 Notary office

Due diligence when buying apartment buildings - here: rent

The rental price brake was not taken so seriously at first, but that has now changed. A key focus of the object inspection at

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1 February 2023 Notary office

Calculation of notary fees

When we are commissioned with a notarial process, we are often asked how much it ultimately costs. That sounds easy, is

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31 January 2023 Notary office

Who appoints the notary in a purchase contract?

There seem to be different ideas as to which side has the right to choose the notary. Some sellers are calling as a precaution

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30 January 2023 Notary office

Can a notary certify nationwide?

On the occasion of a real estate transfer in Berlin, the owner asked me whether I could also notarize a house in West Germany or whether

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29 January 2023 Notary office

The GbR as a real estate seller (Part 2)

Why is the notarial process problematic despite the changed legal situation? That the §§ 1a BGB, 899 para.

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28 January 2023 Notary office

The GbR as a real estate seller (Part 1)

Partial legal capacity of a GbR and purchase situation In 2001, the BGH (II ZR 331/00) ruled that a company under civil law (GbR)

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24 January 2023 Notary office

Tobias Scheidacker in an interview at BusinessTalk am KuDamm

I am very pleased that I was able to give Claudia Bechstein a short interview about the role of the notary and the differences

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31 October 2022 Notary office / Politics / Taxes

Annual Tax Act 2022 – increasing gift tax for transfers from January 01.01.2023st, XNUMX

Focus, Wirtschaftswoche, Finanzen100, Börse Online, but also savings banks and associations such as Haus & Grund did that a few days ago

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22 October 2022 General

Finally notary! – Thematic extension of this blog and some personal insights.

In June of this year I was appointed as a notary - for a job advertisement in October 2019, so it's almost done

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August 26, 2022 General

Tobias Scheidacker visiting the capital podcast

Wolfgang and Erik from the capital podcast interviewed me a few weeks ago for the anniversary episode of their capital podcast. It didn't work

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June 25, 2022 General

LG Berlin: Rent index 2021 = simple rent index and suitable means of justification

Judgments of May 24.05.2022th, 65 on Az. 189 S 21/09.06.2022 and of June 67th, 50 on Az. 22 S XNUMX/XNUMX Two different rental appeals chambers of the

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June 13, 2022 General

Practice of modernization consulting

Dear Mr. Scheidacker, I have a question for you regarding tenancy law. There is water damage in a rental apartment that we manage

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29 May 2022 Condominium Law

Important for apartment buyers: Have the purchase contract checked in advance!

Anyone who does not buy apartments on a permanent basis cannot usually accurately assess the content and scope of the business, and neither

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28 May 2022 General

as a guest at the FAZ on Sunday

An interview with the Frankfurter Allgemeine Sunday newspaper is also something special for me. Released May 15, 2022, it has

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10 May 2022 General / Politics

Piston seizure

Rental excluded! According to the Guthmann market report, the median asking price for Berlin properties for sale as of May 02.05.2022nd, 5.370 is around 0,8 euros/sqm. At XNUMX% interest

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5 May 2022 Politics

Protection against rent explosion and termination for personal use

Problem Again and again, politicians and tenants' associations call for better protection against rent increases and terminations for personal use. Exemplary likes

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21 April 2022 General / Politics

20 years tenancy

I was admitted to the bar in the summer of 2002, which means it will be 20 years this year. During that time there was

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18 February 2022 General

CO2 clause in the rental agreement

“CO2 price The current federal government is planning to exclude the allocation of additional costs (heating costs) to the tenant on a pro rata basis in relation to the CO2 price. This forces

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16 February 2022 General

Adjustment of operating cost prepayments in the context of sharply rising energy prices

Avoiding high additional payments Today's most common rental structure is a net cold rent plus ancillary cost prepayments. The latter is to be settled annually and

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13 February 2022 General

AG Spandau: Berlin rent index 2021 is void.

Anyone who has been following my posts here in the blog for a long time knows that there were serious problems immediately after the publication of the Berlin Rent Index 2021

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16 December 2021 General

Own needs reports for the purpose of sale

In 2021, two main topics shaped our office work: rent controls and personal use. Relationship between rent level and willingness to rent We already have

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September 5, 2021 General

List of rental appraisers in Berlin

The situation around the Berlin rent index 2021 (see here, here and here) has meant that rental appraisers are currently in demand.

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August 29, 2021 General

job ad

15 May 2021 General

Re-letting without a rental price brake

With their assessment (discussed here) that there has been no rent index in Berlin since May 13.05.2021th, XNUMX, Richter Beuermann (GE rent index

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14 May 2021 General

Rent increase without rent index

Starting position As stated yesterday, Berlin is currently most likely without a rent index. That begs the question of how to formally effective an

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13 May 2021 General

Berlin without Mietspiegel

Starting position On May 6, 2021, the Berlin Senate published the Berlin rent index 2021. The official brochure states that

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16 April 2021 General / Justice / office management / Politics / Taxes

Clubhouse 9:XNUMX - the relaxed real estate talk

From April to June, I always met Christopher Brée in the clubhouse on Mondays at 20.30 p.m. to relax about

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15 April 2021 General

Tuesday, April 20, 2021 at 17 p.m .: Online seminar on the BVerfG's rent cap decision

You can find the original decision here. The annulment of the law by the BVerfG raises various questions, including:

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15 April 2021 General

Friday 19 p.m .: Discussion about the rent cap decision

The decision of the BVerfG on the MietWoG Bln will be published in a few hours (announcement of the court here). Social media is on

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15 February 2021 Politics

1 year rental cover

A few days ago I talked to Achim Amann from BLP about the first year of rent cover. We have

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20 January 2021 General

Basics of the general power of attorney

Lately, there have been an increasing number of cases in our practice in which general representatives want or have to act, but they do

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19 November 2020 General

Summary of the rent cover

The red-red-green rental cover project has been on our minds for a year and a half, and the law has been (predominantly) in force for six months.

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Latest Posts

  • Guest article: Art glazing in old Berlin buildings – preserve, restore, reconstruct 8 November 2023
  • public lecture on November 16.11.2023, XNUMX 7 November 2023
  • Feedback through article statistics 28 October 2023
  • Choice of law for foreign real estate 27 October 2023
  • Transfer against usufruct 26 October 2023
  • Documents for buying an apartment 25 October 2023
  • Guest article on the topic of securing liquidity and protecting against bad debts 15 October 2023
  • Interview in the Berlin Real Estate Talk on October 17.10.2023, XNUMX 12 October 2023
  • BGH: Setting up a notary's office is expensive, time-consuming and technically demanding 5 October 2023
  • BGH: No rent cap for basements September 28, 2023
  • Interview: Establishing a notary office in times of real estate change September 11, 2023
  • Inheritance and donation of real estate August 24, 2023
  • Interview: Inheritance and inheritance of real estate August 12, 2023
  • Tuesday, May 16th: 44th Berlin Real Estate Talk at BLP 9 May 2023
  • new order forms for notarizing apartment purchase contracts 8 April 2023
  • Continuation: Reduced Lending Values ​​by EU Directive? March 17, 2023
  • Save taxes with the EU March 16, 2023
  • Hard to believe: the end of the new building activity immediately? March 14, 2023
  • What do US government bonds have to do with the German real estate market? March 8, 2023
  • Broker commission for pre-emption rights 8 February 2023
  • Tenant right of first refusal 7 February 2023
  • interpreter in the certification 6 February 2023
  • The 14-day period for sales contracts 5 February 2023
  • How many notaries are there in Berlin? 4 February 2023
  • Don't be afraid of "professional beginners" - change in the admission requirements for the notary's office over time 3 February 2023
  • Due diligence when buying apartment buildings - here: rent 2 February 2023
  • Calculation of notary fees 1 February 2023
  • Who appoints the notary in a purchase contract? 31 January 2023
  • Can a notary certify nationwide? 30 January 2023
  • The GbR as a real estate seller (Part 2) 29 January 2023
  • The GbR as a real estate seller (Part 1) 28 January 2023
  • Tobias Scheidacker in an interview at BusinessTalk am KuDamm 24 January 2023
  • Annual Tax Act 2022 – increasing gift tax for transfers from January 01.01.2023st, XNUMX 31 October 2022
  • Finally notary! – Thematic extension of this blog and some personal insights. 22 October 2022
  • Tobias Scheidacker visiting the capital podcast August 26, 2022
  • LG Berlin: Rent index 2021 = simple rent index and suitable means of justification June 25, 2022
  • Practice of modernization consulting June 13, 2022
  • Important for apartment buyers: Have the purchase contract checked in advance! 29 May 2022
  • as a guest at the FAZ on Sunday 28 May 2022
  • Piston seizure 10 May 2022
  • Protection against rent explosion and termination for personal use 5 May 2022
  • 20 years tenancy 21 April 2022
  • CO2 clause in the rental agreement 18 February 2022
  • Adjustment of operating cost prepayments in the context of sharply rising energy prices 16 February 2022
  • AG Spandau: Berlin rent index 2021 is void. 13 February 2022
  • Own needs reports for the purpose of sale 16 December 2021
  • List of rental appraisers in Berlin September 5, 2021
  • job ad August 29, 2021
  • Re-letting without a rental price brake 15 May 2021
  • Rent increase without rent index 14 May 2021
  • Berlin without Mietspiegel 13 May 2021
  • Clubhouse 9:XNUMX - the relaxed real estate talk 16 April 2021
  • Tuesday, April 20, 2021 at 17 p.m .: Online seminar on the BVerfG's rent cap decision 15 April 2021
  • Friday 19 p.m .: Discussion about the rent cap decision 15 April 2021
  • 1 year rental cover 15 February 2021
  • Basics of the general power of attorney 20 January 2021
  • Summary of the rent cover 19 November 2020
  • Termination for personal use - seminar on November 30.11.2020th, XNUMX 4 November 2020
  • Fit for buying a home! Seminar on November 16.11.2020, XNUMX 15 October 2020
  • Rental cover seminar on October 06.10.2020th, XNUMX: lowering for December? September 26, 2020
  • Conversion ban: visiting the 11th Berlin Real Estate Talks on 29.09.2020/XNUMX/XNUMX September 25, 2020
  • District office Pankow puts an action under penalty payment July 29, 2020
  • structurally incorrectly calculated notices of rent from preis.de (Conny GmbH) July 28, 2020
  • Legal text on the prohibition of division June 16, 2020
  • Rental price brake extended in Berlin June 4, 2020
  • Merseburg District Court 19 May 2020
  • Guest contribution: Corona impact on the property market and risk minimization. By Nicolas Stelter 12 May 2020
  • Live conversation on May 5, 2020 at 19 p.m. 23 April 2020
  • Seminar on April 22.04.2020, 1 with two topics: 2. COVInsAG, XNUMX. Rent cover (current) 16 April 2020
  • Guest post: New cancellation joker? ECJ strengthens consumer rights. By Christian shoulder 8 April 2020
  • Guest contribution: Legal written form requirement for rental contracts for business premises and the possibility of ordinary termination in the event of a formal error. From Dr. Fedor Brunner 6 April 2020
  • Guest contribution: Preliminary assessment of the COVID 19 bankruptcy suspension law (COVInsAG). By Philip Karrenstein March 30, 2020
  • Guest contribution: rental moratorium and bankruptcy law in corona times. By Wilfried Stechow March 29, 2020
  • Corona law: suspension of payments due to loss of rent March 27, 2020
  • Structural changes in the real estate market: how politics is causing private landlords to sell March 22, 2020
  • Guest contribution: Rent reduction due to the corona virus? from Dr. Sascha Lambert March 16, 2020
  • Interview with Tanja Kamp March 10, 2020
  • The first week of rental covers: facts and figures March 1, 2020
  • MietWoG - avoidance of fines in case of ambiguities 24 February 2020
  • MietWoG - Obligation to provide information for foreign landlords 23 February 2020
  • MietWoG - the legal text 22 February 2020
  • Does the rental cover also apply to subleases? 20 February 2020
  • Press relations. Today: BZ 20 February 2020
  • MietWoG - Proposed wording regarding March rent and the following 19 February 2020
  • Administrator practice rental cover: Part 13 - What is a "demand" with a fine? 11 February 2020
  • Administrator practice rent cover: part 12 - rent reduction in 9 months 10 February 2020
  • Administrator practice rental cover: Part 11 - What actually happens after the law expires? 9 February 2020
  • Administrator practice rent cover: Part 10 - Obligation to notify modernizations before entry into force within 3 months after entry into force 8 February 2020
  • Administrator practice rental cover: Part 9 - Obligation to provide information about the calculation circumstances within 2 months after the entry into force 7 February 2020
  • Administrator practice rental cover: Part 8 - General information and submission obligation to the authorities immediately after entry into force without a period 6 February 2020
  • Administrator practice rent cover: Part 7 - Obligation to provide information about the circumstances of the calculation immediately from the entry into force without a period 5 February 2020
  • Administrator practice rent cover: Part 6 - Obligation to notify about the rental date as of the effective date without any deadline 4 February 2020
  • Administrator practice rental cover: Part 5 - Conclusion of new rental contracts 3 February 2020
  • Administrator practice rental cover: Part 4 - Is only the landlord or the administrator liable? 2 February 2020
  • Administrator practice rental cover: Part 3 - Not so hot because it's unconstitutional anyway? 1 February 2020
  • Administrator practice rental cover: Part 2 - Accepting rental payments 31 January 2020
  • Administrator practice rent cover: Part 1 - direct debits 30 January 2020
  • Seminar on the rental cover on February 17.02.2020, XNUMX 24 January 2020
  • Documents on the current changes to the rental cover 23 January 2020
  • WEG reform 2020 - the new position of the administrator 22 January 2020
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