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	<title>Insolvency | Lukinski</title>
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		<title>Marketing: Trade fairs, training courses and commercial advertising &#8211; becoming self-employed Part 12</title>
		<link>https://lukinski.com/marketing-trade-fairs-training-courses-and-commercial-advertising-self-employed/</link>
		
		<dc:creator><![CDATA[Laura]]></dc:creator>
		<pubDate>Fri, 27 Sep 2019 07:00:57 +0000</pubDate>
				<category><![CDATA[Broker]]></category>
		<category><![CDATA[Guide]]></category>
		<category><![CDATA[Real estate]]></category>
		<category><![CDATA[Company foundation]]></category>
		<category><![CDATA[Discretion]]></category>
		<category><![CDATA[House value]]></category>
		<category><![CDATA[Insolvency]]></category>
		<category><![CDATA[Liegenschaftskarte]]></category>
		<category><![CDATA[Marketing]]></category>
		<category><![CDATA[real estate agent]]></category>
		<category><![CDATA[Size]]></category>
		<guid isPermaLink="false">https://ihrhausverkauf.de/?p=8115</guid>

					<description><![CDATA[Trade fairs and presentations, as well as media advertising on TV, are associated with relatively high costs. Those who can afford stands at trade fairs either have a large investment or their business is running like clockwork. Congratulations. Because trade fairs and all other forms of conferences and congresses are always associated with high costs [&#8230;]]]></description>
										<content:encoded><![CDATA[<p>Trade fairs and presentations, as well as media advertising on TV, are associated with relatively high costs. Those who can afford stands at trade fairs either have a large investment or their business is running like clockwork. Congratulations. Because trade fairs and all other forms of conferences and congresses are always associated with high costs for individual contact.</p>
<h2>Exhibition: Presentation and trade audience</h2>
<p>On the one hand, the acquisition costs for obtaining stand space. The next step is to compete with the other stands to attract visitors, which requires a stand builder. In addition there are the personnel, e.g. for the care of the guests. For presentations, conferences and congresses you have to plan a lot of time for the organisation. Depending on the location, e.g. in Berlin-Mitte, this can be very expensive. At the same time, the effect is great, because it&#8217;s worth it for prestige alone. The majority of these media measures are aimed at B2B professionals with large order volumes and budgets.</p>
<p>Presence is always important in advertising. The bigger your company, the broader your media portfolio will be. While you may start out with advertising on Facebook and Instagram for cost reasons, sooner or later you&#8217;ll be sure to be at trade shows and conventions. Maybe just like in TV commercials or trade journals. If you are preparing for a trade fair, the following points are particularly important:</p>
<ul>
<li>Exhibition stand</li>
<li>Personnel and Service</li>
<li>Objectives and Schedule</li>
<li>Documents (Information until sale)</li>
<li>Presentation media</li>
</ul>
<h2>Information, training, trade advertising</h2>
<p>As with meals, conferences and congresses, this form of advertising is also aimed at a B2B audience. Here even much more than at trade fairs, because training courses and trade advertising usually take place among skilled personnel. If you are, for example, in the field of heating and sanitation, you could hold regular training sessions to discuss new fittings and designs, for example. If more and more non-contact bathroom and kitchen faucets are installed in the future (trend), specialist knowledge of the product must of course also be available. In addition to the water, there is also the electrical connection, maintenance and repairs. In addition, such training and further education courses have the advantage that they obviously do not look like advertising. Finally, there is free training and further education.</p>
<p>For companies, such training courses are also a free possibility of further training for employees. For you it is a possibility to bring your products or services into conversation. Through the practical application, the participants have a very high learning factor directly, because they are not only mentally present, but also motor, through example installations. All this solidifies the new product for the craftsman. At the next customer meeting, he or she will perhaps point out the advantages of the new, non-contact bathroom fitting. If he or she convinces the customer, everyone benefits. The craftsman&#8217;s workshop earns a few extra euros thanks to the exclusive fittings. You won another customer. The customer has an excellent, non-contact bathroom fitting.</p>
<p>Ideally, the new building should not only be equipped with one fitting, but also directly with several fittings on several floors. So you have ensured by the concept of a training and further training for advertisement, directly with the specialized public, direct hit. Of course this is not only possible for B2B customers. From a golf taster course to a Tupperware party. This also brings us to the sales talk, live marketing, not printing.</p>
<h2>Merchandising and Recognition</h2>
<p>If merchandising is used correctly, it can leave a permanent reminder especially with existing prospects and customers. You remember, the more contacts, the greater the effect on the individual consumer.</p>
<p>Originally, merchandising came from the music industry. Music bands print their logos on simple T-shirts so fans can take them home with them after the concert. So you always have the memory of the live concert but also the reminder, if you like the old songs, buy the new ones too! Today, merchandising works not only for music bands, but also for companies. From sponsored shirt merchandising for long-distance running and positive PR through sport and movement to brand merchandising, your own brand logo, large and present on a T-shirt or jacket. Some of the long-distance runners will wear the T-shirt for a long time as proof that they were there. In the gym, in your free time or while jogging. Excellent options for companies to bring their logo to the right target audience. It also works with brand merchandising. The bigger the brand logo, the better! So everyone can see what they can afford.</p>
<p>Merchandising is about leaving a lasting impression, having a constant source of memories for the customer and brand presence in the target group. By wearing pieces such as T-shirts or bags, logos get a large advertising space. With a walk on Friday afternoon, through the city centre, a simple T-shirt or jute bag can reach 1,000 to 2,000 contacts so quickly. Projected on days, weeks, months and years, you have not only made a small business with it, but also placed advertising, completely free of charge and sustainable. Not only with the customer himself, but also with his or her circle of friends, as well as in the close public, e.g. shopping or sports.</p>
<h2>Guideline: Setting up your own business &#038; business plan</h2>
<p>You want to start your own business as a real estate agent or with another business idea? Tips on choosing the right professional: <a href="https://lukinski.com/real-estate-agent/">real estate broker</a>. We support you with tips on your business plan and concept. Whether self-employed full-time or part-time self-employed: If you want to set up your own company, you have to think about a lot, in advance and in the operative business. From the right idea to health insurance &#8211; what needs to be considered if you want to become self-employed?</p>
<p>There is no training or further education for entrepreneurs. Managing director is you or not. Your own ambition is always important, because this is the only way to improve, every day.</p>
<p>The topics at a glance:</p>

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			</item>
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		<title>Default reserve (WEG) in the event of insolvency</title>
		<link>https://lukinski.com/default-reserve-weg-in-the-event-of-insolvency/</link>
		
		<dc:creator><![CDATA[Laura]]></dc:creator>
		<pubDate>Wed, 10 Apr 2019 11:00:39 +0000</pubDate>
				<category><![CDATA[Law]]></category>
		<category><![CDATA[Real estate]]></category>
		<category><![CDATA[Administration]]></category>
		<category><![CDATA[Balcony]]></category>
		<category><![CDATA[Discretion]]></category>
		<category><![CDATA[Insolvency]]></category>
		<category><![CDATA[Protection]]></category>
		<category><![CDATA[Selling price]]></category>
		<category><![CDATA[Weekend house]]></category>
		<guid isPermaLink="false">https://lukinski.de/default-reserve-weg-in-the-event-of-insolvency/</guid>

					<description><![CDATA[Default reserve (WEG) &#8211; The default reserve comes into effect in the event of the insolvency of a condominium owner if there is a risk that the owner will no longer be able to meet his financial obligations. In order not to endanger the entire community by the insolvency, this default reserve can be determined, [&#8230;]]]></description>
										<content:encoded><![CDATA[<p>Default reserve (WEG) &#8211; The default reserve comes into effect in the event of the insolvency of a condominium owner if there is a risk that the owner will no longer be able to meet his financial obligations. In order not to endanger the entire community by the insolvency, this default reserve can be determined, from which then necessary payments are made. More terms in our <a href="https://lukinski.com/glossary/">glossary</a>. The German Condominium Act (Wohnungseigentumsgesetz, WEG) stipulates that each condominium owner is obliged to contribute to the burdens and costs of the residential community.</p>
<h2>Default reserve (WEG) at a glance: Special apportionment in the event of insolvency of condominium owners</h2>
<ul>
<li>Is a hedge for the case of insolvency of a condominium owner</li>
<li>To protect against the danger of the entire housing community</li>
<li>In the event of insolvency, the necessary payments are made from it</li>
<li>Each condominium owner has the obligation to share in the burdens and costs of the residential community.</li>
</ul>
<p>Back to the wiki: Real Estate</p>
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			</item>
		<item>
		<title>Seller&#8217;s or real estate agent&#8217;s duty to disclose (Lexicon)</title>
		<link>https://lukinski.com/sellers-or-real-estate-agents-duty-to-disclose/</link>
		
		<dc:creator><![CDATA[Laura]]></dc:creator>
		<pubDate>Thu, 04 Apr 2019 11:00:28 +0000</pubDate>
				<category><![CDATA[Law]]></category>
		<category><![CDATA[Real estate]]></category>
		<category><![CDATA[Insolvency]]></category>
		<category><![CDATA[Seller]]></category>
		<guid isPermaLink="false">https://lukinski.de/duty-of-the-seller-or-broker-to-provide-information/</guid>

					<description><![CDATA[The duty of disclosure obliges sellers and real estate agents to voluntarily reveal to the buyer all value-affecting and decision-making aspects of a property — from hidden defects to ongoing legal disputes up to economic risks such as special levies. If the seller breaches this duty in bad faith, the buyer can still challenge the [&#8230;]]]></description>
										<content:encoded><![CDATA[<p>The <strong>duty of disclosure</strong> obliges sellers and real estate agents to voluntarily reveal to the buyer all value-affecting and decision-making aspects of a property — from hidden defects to ongoing legal disputes up to economic risks such as special levies. If the seller breaches this duty in bad faith, the buyer can still challenge the purchase agreement, claim damages, or reduce the purchase price even years later — even if a notarized warranty exclusion was agreed upon. This lexicon article clarifies exactly what must be disclosed, where the limits lie, and which errors most frequently lead to legal disputes in practice.</p>
<h2>Definition: What does duty of disclosure mean in real estate law?</h2>
<p>The duty to disclose is a pre-contractual ancillary obligation under § 311 para. 2 BGB in conjunction with § 241 para. 2 BGB. It applies already during the initial phase of the sales contract and obliges the seller to voluntarily disclose all facts that are evidently of essential importance for the buyer&#8217;s decision to purchase. Case law (BGH, V ZR 30/19) has defined the scope of this duty over decades.</p>
<ul>
<li><strong>Legal basis</strong> — §§ 311, 241, 280 BGB</li>
<li><strong>Recipient</strong> — seller, real estate agent, possibly developer</li>
<li><strong>Timing</strong> — already before the conclusion of the contract</li>
<li><strong>Form</strong> — oral or written, the seller is under a duty to prove disclosure</li>
<li><strong>Statute of limitations</strong> — 10 years in case of fraudulent misrepresentation (§ 438 para. 3 BGB)</li>
</ul>
<h2>Which defects and circumstances must be disclosed?</h2>
<p>To disclose is to reveal all facts that significantly affect the value or suitability of the property. The standard is whether an average buyer would take the information into account when making a reasonable purchase decision. Minor issues such as a scratch in the parquet flooring do not fall into this category — structural, legal, or economic risks do, however.</p>
<table>
<thead>
<tr>
<th>Kategorie</th>
<th>Beispiele aus der Praxis</th>
</tr>
</thead>
<tbody>
<tr>
<td>Structural defects</td>
<td>Moisture, dry rot, asbestos, leaking roof, damage to structural integrity</td>
</tr>
<tr>
<td>Rechtliche Lasten</td>
<td>Right of way, heritage protection, soil contamination, ground rent</td>
</tr>
<tr>
<td>Wirtschaftliche Risiken</td>
<td>Upcoming special levy (e.g. 35,000 € roof renovation), insufficient <hiddenlink href="https://lukinski.de/instandhaltungsrucklage/">maintenance reserve</hiddenlink></td>
</tr>
<tr>
<td>Usage restrictions</td>
<td>Unauthorized buildings, lack of building permit, unauthorized roof extensions</td>
</tr>
<tr>
<td>Umfeld</td>
<td>Planned motorway, noise sources, contaminated neighboring areas</td>
</tr>
</tbody>
</table>
<h2>Practical example: Hidden special levy costs 42,000 €</h2>
<p>A typical dispute from real estate practice shows how quickly the duty of disclosure becomes a financial risk — especially when buying rented properties as an investment.</p>
<blockquote><p>Buyer K acquires a condominium in Munich for 580,000 € in 2023. Three weeks after the notarization, the owners&#8217; association decides on a special assessment of 42,000 € for a facade renovation — however, the decision had already been specifically discussed in the owners&#8217; meeting six months before the sale. The seller had received the minutes but did not disclose them. Result: The Federal Court of Justice considers this as fraudulent misrepresentation. K can reduce the purchase price or withdraw from the contract — despite the notarized exclusion of liability.</p></blockquote>
<p>Anyone who wants to <a href="https://lukinski.com/buying-your-first-property-house-apartment-as-an-investment-or-owner-occupier/">buy their first property</a> should always request and have checked the last three owners&#8217; meeting minutes.</p>
<h2>Duty of disclosure of the real estate agent: Own research or just passing on information?</h2>
<p>The real estate agent is liable under the real estate agent contract (§ 652 BGB) and the pre-contractual duties towards both parties. He does not have to research every detail himself, but must pass on all facts he knows or can recognize — and must not make statements &#8220;out of the blue.&#8221; The following overview shows which specific duties apply to the real estate agent in practice.</p>
<ul>
<li><strong>Known defects</strong> — complete disclosure without embellishment</li>
<li><strong>Suspicious circumstances</strong> — need to point out the need for further examination</li>
<li><strong>Own identity</strong> — address, supervisory authority, terms and conditions</li>
<li><strong>Commission structure</strong> — transparent disclosure before commencing work</li>
<li><strong>Dual representation</strong> — disclosure to both parties</li>
</ul>
<p>As described in the guide to <a href="https://lukinski.com/sell-house-without-realtor-documents-taxes-costs-what-consider/">Sell House</a>, every seller should fix all defects in writing in the exposé and the purchase contract — this creates evidence security and significantly reduces liability risks.</p>
<h2>Differentiation: Duty to inform vs. warranty vs. product defect</h2>
<p>Three terms are constantly mixed up in practice — they, however, have different legal consequences and statute of limitations.</p>
<table>
<thead>
<tr>
<th>Term</th>
<th>When does it apply?</th>
<th>Consequence</th>
</tr>
</thead>
<tbody>
<tr>
<td>Duty of disclosure</td>
<td>Before contract conclusion</td>
<td>Compensatory damages, withdrawal in case of fraudulent intent</td>
</tr>
<tr>
<td>Warranty</td>
<td>Defect in goods after delivery</td>
<td>Rectification, reduction, withdrawal</td>
</tr>
<tr>
<td>Fraudulent misrepresentation</td>
<td>Deliberate concealment</td>
<td>Rescission under § 123 BGB, 10 years</td>
</tr>
</tbody>
</table>
<p>Important: The notarial warranty exclusion (&#8220;as seen, so bought&#8221;) does not apply in cases of fraudulent intent. Anyone who, as a seller, knows of a defect and conceals it is liable despite the exclusion — one of the most common misconceptions when <a href="https://lukinski.com/sell-real-estate-property-condo-house-apartment-buildings/">selling a property</a>.</p>
<h2>Common mistakes and misunderstandings</h2>
<p>In over 60 % of cases concerning the duty of disclosure, it is not about classic construction defects, but about so-called &#8220;small&#8221; omissions that later turn out to be decisive for the purchase decision.</p>
<ul>
<li><strong>&#8220;As seen, as bought&#8221; misconception</strong> — does not protect against fraud</li>
<li><strong>Verbal assurances</strong> — often don&#8217;t end up in the contract</li>
<li><strong>Underestimated liabilities</strong> — soil assessments often forgotten</li>
<li><strong>Minutes of the WEG</strong> — rarely fully handed over</li>
<li><strong>Heir inheritances</strong> — Heirs often don&#8217;t even know about the defects themselves</li>
</ul>
<p>When it comes to the <a href="https://lukinski.com/asset-value-method-apartment-house-apartment-building-real-estate-valuation/">asset-based valuation method</a> or the <a href="https://lukinski.com/income-approach-apartment-house-apartment-building-real-estate-valuation/">income-based valuation method</a>, a closer look is worthwhile, as hidden defects often become visible as a value reduction here — a good expert finds what is missing in the property description.</p>
<h2>FAQ on the duty to inform</h2>
<h3>Must the seller also disclose defects that he only suspects?</h3>
<p>Yes, as soon as there are specific indications. The Federal Court of Justice clarifies that even a serious suspicion — such as recurring dampness in the basement or a sunken floor — is disclosure-obligatory. The seller does not have to prove that damage exists, but he may not conceal reliable evidence. Anyone who leaves the buyer without notice in such cases risks being assessed as having committed fraudulent misrepresentation, with all consequences up to and including the revocation of the sale.</p>
<h3>How long can a buyer claim damages for a breach of the duty to disclose?</h3>
<p>For normal product defects, claims expire after five years from the transfer of the property (§ 438 Abs. 1 BGB). However, if the defect was deliberately concealed, the deadline is extended to ten years — and starts only when the buyer becomes aware of the defect. In practice, this means that damage claims can still be successful even after eight or nine years, if the buyer can prove that the seller was aware of the defect.</p>
<h3>What documents should a buyer always request to close disclosure gaps?</h3>
<p>Mandatory reading includes the land register extract, building encumbrance register, energy certificate, last three minutes of the owners&#8217; meeting including the financial plan, proof of the maintenance reserve, division declaration, and all approvals for renovations or roof extensions. For rented properties, additionally all rental agreements including the last two years&#8217; additional costs statements. These documents cover over 90 % of typical points of contention and provide the basis for a well-founded price negotiation.</p>
<p>Back to the Wiki: <a href="https://lukinski.com/real-estate-lexicon-2/">Real Estate Lexicon</a></p>
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