Monika Gruber sues: mold in the dream house on Tegernsee!

Monika Gruber sues: mold in the dream house on Tegernsee!

Monika Gruber, the well-known Munich cabaret artist, is confronted with a serious legal problem. Two years ago she bought a house in Rottach-Egern am Tegernsee, but now she is suing to have the purchase contract rescinded and is demanding 2.5 million euros back after she discovered mold and moisture in the basement. The hearing before the Munich II Regional Court is scheduled for next Tuesday and promises to be an exciting legal duel.

Gruber feels that the saleswoman was fraudulently deceived because she did not disclose the lack of mold. During a viewing, the cabaret artist noticed a musty smell, which was initially attributed to poor ventilation and old carpets. However, an expert confirmed that there was serious moisture damage. A special search dog was even brought in to investigate the case.

Legal dispute

In the context of the legal aspects, the seller, an heiress, is not convinced by the allegations and cites a warranty exclusion that treats Gruber as a buyer in the sense of “purchased as seen”. In such cases, the question of fraudulent deception often arises. If sellers don't disclose mold or moisture problems, they could face legal issues. This topic has legal reference to paragraphs 434 ff. BGB, which are relevant to liability for material defects. This means that there is a defect if the purchased item does not have the agreed quality, which is considered a classic material defect in the case of mold and moisture

.

An example from case law illustrates this problem. In 2020, the 4th Civil Chamber of the Regional Court of Regensburg decided on a similar case in which the seller did not point out existing moisture problems. Here too, the court found fraudulent deception and convicted the seller. The seller has an obligation to disclose defects, especially if the buyer inquires. In the event of fraudulent deception, buyers have the right to have the purchase contract rescinded, as well as to possible further claims, including real estate transfer tax, notary costs, broker's commission and land registry costs

.

The outcome of the upcoming trial will be crucial, not only for Gruber himself, but also for future buyers who want to rely on a clear decision from the court with regard to hidden defects and the associated legal claims. The topic is explosive, especially at a time when many property buyers operate on the property market via the Internet and do not always have the opportunity to identify possible defects in advance.

How this legal dispute will develop remains to be seen. The coming days are likely to be of great importance for both Gruber and the legal negotiating parties.

For more information on this topic, refer to the detailed analysis of tz.de and anwalt.de referred.