Almost all loan agreements can be revoked - European Court of Justice

2020-03-28 23:30:18

The fact is: A decision of the BGH was overturned. I find that quite remarkable. What exactly the consequences will be remains to be seen, but I do not consider the outlined possibilities to be far-fetched.

2020-03-29 00:23:28

Take a look at today's (27.03.2020) video from Kanzlei WBS on YouTube.

What do you say about it?

Um, no, I definitely won't watch that. You already have to endure enough advertising.
Just write what it's about.

I just think, those are real lawyers. They should at least somewhat know what they are talking about...

Yeah, right.

So, it's about cascade references in the revocation. Just checked my contract quickly and the right of withdrawal is clearly explained without any obviously recognizable references at first glance.

2020-03-29 08:16:37

Then your contract is probably the big exception. However, it might still need to be clarified whether the cancellation policy is not only free of references but also formulated in a "clearly understandable" way, but a lawyer can explain that to you best.

2020-03-29 08:27:23

Um, no, I definitely won’t look at it. You already have to endure enough advertising.
Just write what it’s about.

Take a look at my post #8 here:
https://www.hausbau-forum.de/threads/fast-alle-kreditvertraege-koennen-widerrufen-werden-eugh.34289/page-2#post-388888
It’s also briefly explained there in words.

In the end, it is said that if §492 is referred to in the cancellation, then the cancellation period probably never started and the contract can be revoked at any time.

This is the case for 2 out of 3 contracts for me.

2020-03-29 09:21:23

And with all the legal jargon, one must keep in mind what this is really about... People are looking for a loophole to get out of a contract. And in 99.9% of all cases, this has nothing to do with the fact that if they had been properly informed at the time, they would have exercised their right of withdrawal, but solely with making a more favorable contract for their own benefit. Morally, no one gets applause from me for that, legal rights aside.

When my bank canceled my building savings contract because they didn't like that I was getting 4.5% interest on it, they also used a loophole and couldn't have cared less about morality.

2020-03-29 09:34:26

I have pity for everyone, but with brokers and banks I would do whatever is possible and benefits me.

Similar topics
16.06.2011	Conclude a construction contract under reservation?	10
13.09.2012	Feeling pressured into a contract, is that normal?	17
29.09.2011	Is construction pre-planning without signature / contract legally valid?	12
22.09.2012	Who else fell for a contract with a reservation clause? - Search	13
16.05.2015	Contract unclear: humus earth collectors	10
23.08.2015	Construction financing with a fixed-term contract	13
04.07.2016	Building without a contract - Concerns?	39
10.09.2016	Construction financing and contract with the developer	24
28.09.2016	Question about early repayment and clause in the contract	41
28.05.2017	Plundering the Riester contract - for less need for credit?	16
16.08.2018	Civil engineering works without a contract - normal, experiences?	10
04.01.2022	Architect, contract according to HOAI 2013 - refuses to provide service	36
06.06.2019	Completion date in General Contractor Agreement - Wording assistance	62
05.08.2020	Contract for land purchase - obligation to build within 2.5 years	18
11.11.2020	Cancellation of a contract with a plumbing company	24
09.05.2021	Price adjustment clause in the contract with the general contractor	18
30.03.2022	Terminate the contract with the general contractor "early"	22
27.01.2024	House purchase through agent, now contract terminated	18

Almost all loan agreements can be revoked - European Court of Justice

K1300S

Tassimat

K1300S

Specki

Snowy36

Bookstar