OLG Naumburg: Agreement on the quality of a list of tenants attached to the purchase agreement

Today I would like to draw your attention to a decision by the OLG Naumburg of November 6, 2023. It concerned a case in which it was disputed whether a so-called "quality agreement" had been made tacitly (implied). This is important because purchase agreements for used properties are usually concluded with an exclusion of the right to claim for material defects; however, such exclusions do not apply if and insofar as a quality agreement has been concluded in the individual case. The OLG affirmed this in particular due to the inclusion of a list of tenants. In order to avoid ambiguities and doubts in interpretation, the legal significance and function of an attached tenant list should be clarified; it should also be expressly clarified in which cases quality agreements are desired and when they are not.

The decision has the file number 12 U 84/23 and can be accessed on the Internet, e.g. via dejure.org.

I will be happy to answer any questions you may have.

Yours sincerely

Yours

Stefan Heinze