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Investigation duties of the real estate agent
24.03.2017If there is no indication of inaccuracy, a real estate broker acting as a double broker may hand over the seller’s information to the buyer without verifying it.
Read moreRestriction for the offset by the borrower in the GTC
24.03.2017According to a provision stipulated in the GTC the bank can offset all claims against the borrower but the latter can only offset claims against the bank that are linked to the liabilities arising from the credit relationship, or which have been judicially awarded or recognized by the credit institution.
Read moreBrokerage contract in distance selling
24.03.2017If a real estate broker submits an exposé to a prospective buyer with a clear demand for a commission fee, this is deemed as an offer for the conclusion of a brokerage contract.
Read moreAdvertising with a five year guarantee
24.03.2017Advertising with a 5-year guarantee in an online shop or on an online trading platform without specification of the guarantee conditions is a violation of competition law.
Read moreAllocation of the losses of a tax-exempt foreign subsidiary to the "group leader"
24.03.2017The fact that a foreign group member is tax-exempt in his home country [in the case decided: limited liability company in the United Arab Emirates] does not prevent the allocation of the losses to the “group leader” in accordance with § 9 (1) KStG 1988.
Read moreMisleading announcement "20% VAT free" for voucher instead of discount
24.03.2017A "20% VAT" discount announcement triggers with the consumer the assumption that a discount in the value of the VAT is included in the gross price and that it is granted immediately upon purchase.
Read moreNo contributory negligence on the part of the patient due to the culpable causation of his need for treatment
24.03.2017According to established jurisprudence and prevailing academic doctrine contributory negligence on the part of the killed relative is taken account in the survivors’ claims for damages (§ 1327 ABGB) against the injuring party per analogy to § 7 (2) EKHG.
Read moreMisleading advertising with an office "located in Vienna"
24.03.2017A lawyer has his law firm based in Vorarlberg. He advertises on his homepage with an office "located in Vienna" and states an address and telephone number in Vienna.
Read moreNo obligation of the physician to inform or to warn about the costs of the treatment
24.03.2017After a ski accident the defendant was transported to the claiments private hospital.
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