Tuesday, December 29, 2009
Sunday, December 20, 2009
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Missing signature leads to invalidity of the lease rent
A landlord and a tenant argued about the effectiveness of a closed business for 10 years lease. Contrary to the original agreement, the tenant in 2006, said ahead of the termination. Tenant was a public limited company (AG). In 2002, the parties had entered into an addendum to the lease. Here, the AG was represented by its two directors. Signed the agreement but was only one of two board members.
The Bundesgerichtshof (BGH) had to decide now whether the AG to the agreed contract period was bound for 10 years. The Supreme Court decided here in favor of the tenant, because the required written form of the lease was not available. Because the sole signature of one board was not clear whether he had signed for the other officers. The lease was entered accordingly § 550 BGB for lack of writing for an indefinite period. The tenant could therefore at any time.
order to make sufficiently clear that a tenant wants to act by signing for another, there is need for an additive representation (BGH, Judgement of 04.11.2009, Az . XII ZR 86/07). may go
A landlord and a tenant argued about the effectiveness of a closed business for 10 years lease. Contrary to the original agreement, the tenant in 2006, said ahead of the termination. Tenant was a public limited company (AG). In 2002, the parties had entered into an addendum to the lease. Here, the AG was represented by its two directors. Signed the agreement but was only one of two board members.
The Bundesgerichtshof (BGH) had to decide now whether the AG to the agreed contract period was bound for 10 years. The Supreme Court decided here in favor of the tenant, because the required written form of the lease was not available. Because the sole signature of one board was not clear whether he had signed for the other officers. The lease was entered accordingly § 550 BGB for lack of writing for an indefinite period. The tenant could therefore at any time.
order to make sufficiently clear that a tenant wants to act by signing for another, there is need for an additive representation (BGH, Judgement of 04.11.2009, Az . XII ZR 86/07). may go
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That landlord at a rent below the ceiling, was also decided in a recent ruling by the highest German civil court. A landlord wanted to increase the monthly rent of 234 € to 270 €. The tenant objected, arguing that within the possible range of rent increase that results from the rents of comparable dwellings, only a mean value is admissible.
The Bundesgerichtshof (BGH) ruled that the rent may be raised to the highest value of the local comparative rent. This is true even if no rent index is available, but a landlord has the comparative rate determined with the aid of an opinion. While rents may rise in three years by more than 20 percent. But this is true only if not the customary reference rent is exceeded. A landlord does not need to choose an average value within the local comparative rent, and be allowed to go to the upper limit (BGH, Judgement of 21.10.2009, Az VIII ZR 09/30
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Protect yourself from Mietnomaden!
Whether a landlord the keys to the rented premises must not hold back so long, until he has received from his new tenants the money for the first month, the district court in Bonn ruled in November 2009. the main issue in this trial was a clause in the lease which gave the landlord a lien.
A similar clause in the lease is allowed, the court ruled. Although fixed tenancy that rent normally be made until the third day of a month is due. In a lease may be waived by this though. In this respect, a clause in the lease clause is allowed, after a tenant has to pay before the handover, the first rent installment. Such an agreement does not constitute undue discrimination against the tenant dar.
The interest of the landlord, the apartment a tenant willing to pay and solvent to pass, here is the interest of a tenant to move into the apartment before (LG Bonn, Judgement of 02.11.2009, Az 6 T 25/09).
My advice: Make sure that option in the lease owner. For if a tenant first moved in, it can take a long time before you can set it for a eviction by a bailiff in the air. 
Whether a landlord the keys to the rented premises must not hold back so long, until he has received from his new tenants the money for the first month, the district court in Bonn ruled in November 2009. the main issue in this trial was a clause in the lease which gave the landlord a lien.
A similar clause in the lease is allowed, the court ruled. Although fixed tenancy that rent normally be made until the third day of a month is due. In a lease may be waived by this though. In this respect, a clause in the lease clause is allowed, after a tenant has to pay before the handover, the first rent installment. Such an agreement does not constitute undue discrimination against the tenant dar.
The interest of the landlord, the apartment a tenant willing to pay and solvent to pass, here is the interest of a tenant to move into the apartment before (LG Bonn, Judgement of 02.11.2009, Az 6 T 25/09).
My advice: Make sure that option in the lease owner. For if a tenant first moved in, it can take a long time before you can set it for a eviction by a bailiff in the air.
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A value-added real estate broker?
The simple principle with short messages of up to 140 characters and the ease of use make the service attractive to many people. Twitter is no longer a tool only for Internet enthusiasts. Barack Obama used the service for his successful election campaign and scored so with the young internet enthusiasts electorate.
Even German politicians twitter now and are therefore sometimes faster than some well-loved is what keeps the Augsburg city council Moravcik not a Christian Twitter or "live reports" from City Council meetings.
But do not just use private Twitter to send personal status messages to the world. The economy has now discovered the social network for themselves. Companies use Twitter as another - Free and most importantly - increase marketing channel and customer loyalty to the company. With clever use of pop out even a real, countable value. Recently announced, the computer retailer Dell that it has spread via Twitter offers generated by sales of three million U.S. dollars.
yourself deserves mention by the way, no money - this could change soon. For companies to be the Twitter might charge in the future. Specifically, however, has not, so companies can probably still tweet a while for free.
Also for the brokerage industry, it may therefore be useful to use Twitter!
But what options does the "tweet" the broker in detail?
attract customers, maintain and retain:
A close contact with customers is probably one of the most important things in the brokerage profession. Although a Twitter message and will not evaluating a property to replace the creation of a aussagekrätigen exposés or personal contact with customers, together with professional advice on site, he offers but the possibility of contact with customers and prospects a further channel to build and maintain - and without much effort.
How can look like in detail? The broker needs first and foremost an account. Here most relevant and useful information, especially by name, are advisable - after all, the personal Twitter page similar to their own homepage on the internet calling card. Just as important, therefore, is the look of the page that can be with the background and icon images and color customization.
The Twitter account must be made known, of course, because a great number of subscribers / readers (they are "followers" called) always looks good.
The Twitter users subscribe to news from other Twitterers by him "follow" (English: to follow - to follow) and have as their Twitter messages displayed on its own Twitter page. For the purpose of keeping in contact and bond it is appropriate to follow his "followers" too well. So-called "direct-messages" (messages addressed directly to someone) make a personal Response and direct communication with customers, so that the information channels both ways.
follower can be generated in various ways. In a first step can look for the Twitter search for apartment buyers. This should then follow the best, so they are aware of the offer. Of course, should his own Twitter account ready at that time quite a few interesting updates. So you can easily generate the first followers and with some luck and good offers to speak around the quickly.
Also Consequences of Twitter profiles in the property sector is a good idea after all abound on these profiles, logically, most people in the property sector, but interested buyers.
Twitter also allows the opening up completely new groups of customers:
expand customer base:
Already, real estate portals on the Internet are the most important marketing and sales channel and have become the broker newspaper advertisements and notices of date.
The Internet-savvy customers using conventional methods but would find this and other innovative ways such as real estate search engine or just as services like Twitter or Facebook. This target group can be addressed directly to the provision of services under this service. Not for nothing already hundreds of users to Immobilo City profiles follow on Twitter and be powered in this way with the latest and most interesting real estate offerings in each city.
Fast communication:
If the broker a new and interesting Property has on offer, or there is some important news, Twitter offers the opportunity to communicate this quickly and easily - with a "Tweet", ie a contribution, the "follower" immediately and automatically notified of the update. The Internet address "m.twitter.com" allows you to feed updates with an Internet-enabled mobile phone while on the go. One need not only to return to the office to spread the news. offers
In all options, the Twitter for quick dissemination of news, also makes the difference here, the dose between medicine and poison. The Twitter account nonstop to fill with new messages does not help - in fact, probably the follower jump from annoying after a while. apply up to 15 messages a day to be optimal, also makes a neat and regularly updated Twitter account a good impression.
This requires some practice, the information in the pack to just 140 characters - that are even less than 20 characters in a text message. This need not be used unnecessarily many signs of a long URL to offer services such as tinyurl.com and shortening bit.ly of Internet addresses and links.
Fast communication channels naturally have the disadvantage that there is nothing more than the message (or in this case the tweet) from yesterday. A study of bit.ly, one of the above mentioned services for shortening of Internet addresses, has shown that a Twitter link has a half-life of just five minutes. Often, therefore, to see just followers, who are currently on the Internet, the updates.
The very fast pace makes it necessary, therefore, to concentrate on the most needy and most important information - otherwise miss the Follower Perhaps the most interesting. From this perspective, the personal approach wins by "direct message" even more important.
Free marketing channel:
As indicated in the introduction, more and more companies Twitter as other marketing and sales channel. Even if the three million dollars in sales of Dell's Twitter account with a total turnover of 12.3 billion dollars only marginally appears - any additional income is welcome, especially because the use of Twitter is completely free.
Some newspapers have recognized the potential of real estate ads in newspapers and twitter busy with - as examples here are twitter.com / BELLEVUE_online and the Allgäuer Zeitung (twitter.com / Allgäu) called.
The advertising of offers on Twitter gives brokers an additional marketing channel for imagining objects, which will not replace but the portals, advertisements and notices, but could usefully complement.
acting as expert:
customers are grateful for tips, tricks and interesting information. Just housing, moving and relocation arrangements are not an everyday thing for many - and that is why they are grateful for any support.
It is also the "tweet" of interesting news from the world of real estate or rental law - to name just two examples. Remember the "follower", a Twitter profile that is current and informative talks, the are around quickly and almost certainly new followers. A not insignificant point in terms of image building.
be maintained
be maintained
addition to the recent profile must, of course. All necessary information such as name, location and Web address should be as up to date, additional information are most welcome. With graphics and images can also give the profile an individual touch.
the allowed 140 characters at Twitter have not much room for long explanations, but a short note and a link to an interesting and informative site are often enough already.
View and informed:
information on Twitter are not all one way. You can not only inform faster but also be informed faster - no matter whether these are trends, ideas or messages now.
Networking:
The on Twitter used system of follow (same follow), follow (be accepted), Direct Message (direct messages), and Re-Tweet redistribute ( ) enables the development of the whole network. Just by re-tweets, messages often spread more quickly, even over the actual Group of "followers out. An example: If you have a particularly attractive, sensational or spectacular offer, also know in a very short time thousands modest about it. Which means you are again in client acquisition.
Conclusion:
The brokerage industry is changing, that can not be overlooked. Whether controversial judgments about totally non-traditional forms Agents (iMakler) or just new ways of communication such as Twitter. Agents who want to be on the amount of time and want to attract future audiences come to such information channels are no longer around. The most important thing is to find the right mix. Oh, and Twitter is still above all else: free!
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