tenant can claim damages, if the sale of its Apartment will be ignored. This was decided on Wednesday the Federal Court. A Hamburger tenant has now prospect of compensation over 80,000 euros.
owners of condominiums result in a substantial compensation payments if they sell the apartments without first their tenants indicate their pre-emptive rights. The amount of damages based on the loss of income for the tenant, as the Bundesgerichtshof (BGH) ruled in a judgment announced on Wednesday. (Ref. VIII ZR 51/14)
In the underlying case, the defendant homeowner had sold seven condominiums at a price of 1.3 million euros, without informing the tenant later complaining about their legally vested right of first refusal. When the new homeowner then offered her the apartment for 266,000 euros, calculated the woman that she the apartment had around 80,000 euros cheaper in the exercise of its right of first refusal to acquire and demanded that amount by the former owner.
The Supreme Court now decided that tenants on a profit may also be entitled, if they waive the enforcement of its pre-emptive right, because the original owner can cede them the apartment no longer sold. Hence the case for further investigation to the lower court was remitted.
According to the Supreme Court preemption tenants should not only protect against displacement by a third party purchaser. Tenants should be able to buy homes and at a price that a third party is willing to pay in order “to share negotiated favorable terms” the tenant to the potential buyers, it is said in the judgment.
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