Supreme Court

May 23, 2024 by

The consultant’s liability by the highest German civil court judgments do not tear down: However, is what comes from Karlsruhe from investment advisor perspective not all bad. The consultant’s liability by the highest German civil court judgments do not tear down: However, is what comes from Karlsruhe from investment advisor perspective not all bad. Because with his latest ruling the Supreme Court has made it clear that a liability of the intermediary does not automatically occurs in any case constellation and investors can contact losses not aufhaltend hand directly to the Advisor. The judgment was based on essentially the following facts: the plaintiff had drawn a participation of a closed real estate fund in 1996. Commencement of the term, even distributions were obtained, which however could be maintained not due to economic difficulties in the aftermath. The plaintiff sought damages for a defective according to his investment advice with regard to the participation in the procedure.

With the completion of an also implied possible Consulting agreement between investors and advisors to a consulting according to the BGH object-oriented obligation for the latter. In this regard, risks and characteristics of the system with critical expertise must be checked. The filtered results are to inform the investors over. Such an analysis by the mediator will refrain from this can lead to an oft-cited consultant liability. To the relief of the intermediary this arrives only if a risk would become recognizable via the investor would need clarification on or but if would become evident, that a recommendation of the plant is not investor – or object-fair. When but a there are reasonable grounds for such a notice which was not clear so far. The latest judgment of Karlsruhe provides here, however, a little clarity. Specifically, it was about a so-called guarantee and then related costs, which was not sufficiently known according to the plaintiff’s (issued by a Bank for a debtor in case of failure to adhere).

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