With not object and investor-fair consultation or existing folder errors you can have a requirement on payment of damages. With many loan contracts it is also worthwhile to use the revocation joker.
HAHN rechtsanwalte fights on the side of consumers and investors
HAHN attorneys – your lawyer for bank and capital market right. The firm represents clients nationwide in banking and capital markets law, insurance and consumer law.
The many areas of banking and capital market law
The prepayment penalty is due to banks if borrowers want to repay a loan before the end of the fixed-interest period. Because in this case, the bank incurs a loss due to the lost interest, which it tries to compensate for with the early termination fee. This amount can quickly reach five figures, depending on the size of the outstanding loan balance.
Many borrowers have, however, the possibility of early release from a loan WITHOUT having to pay the early repayment penalty. Because banks and savings banks regularly provided insufficient information in the contracts – for example, on the calculation of the early repayment penalty. If this is the case, the credit institutions lose their right to payment.
Cancellation by the bank
When the bank threatens to cancel a real estate loan, consumers can find themselves in deep financial trouble. But such a bank-sided notice is at all possible only under completely certain conditions. If you have already had your loan cancelled by the bank, we will be happy to review the legality of that cancellation. In addition, you can contact us if you want to get ahead of a cancellation by the bank, for example, through loan revocation. Our specialist lawyers for banking and capital market law examine free of charge your loan agreement and check whether a revocation is still possible today.
Ship funds were a popular and successful investment for many years. But for some years now, container shipping has been in crisis. Many container ships with investor participation are in economic problems. These problems carry over to investors as well. No more distributions are made, additional contributions are demanded in the hope that the fund will thereby be restructured, or distributions are even reclaimed.
But many investors are entitled to damages or rescission. Because it is often the case that they were not advised in a way that was appropriate for the investor and the property in question. A lawyer for banking and capital market law recognizes the improper advice and can tell you what claims therefore exist for you. So investors must also be informed of the risks of their investment and the bank must inform them of any rebates that the bank has received for referrals.
Real estate funds
Closed-end real estate funds have also run into trouble as a result of the housing crisis. With closed real estate funds investors can participate until the fixed investment sum is reached. The fund then invests with this money in real estate. It becomes problematic if the rental income fails to materialize or is not as high as originally hoped for. This has an effect on the distributions investors receive.
Many investors have thereby a requirement on payment of damages. For example, if already in the folder with much too high miteinahmen was recruited, or because they were not cleared up over their risks or over commissions, which receive the bank for the switching.
Open-ended real estate funds are experiencing similar problems. Here, however, investors face the added risk that funds may refuse to redeem due to economic difficulties. A specialist lawyer for bank and capital market right recognizes, if banks advised wrongly and when investors have a requirement on payment of damages.
Life insurance fund
Also with the business model "life insurance fund" many investors have requirement on payment of damages – mainly because of incorrect investment consultation and incorrect folders. In this business model, the fund company buys endowment or pension insurance policies. Problems that can arise here are an overly optimistic mortality probability and overly calculated returns. In addition, the so-called smoothing procedure often causes uncertainty among investors due to its lack of transparency. HAHN rechtsanwalte has already won numerous positive verdicts against life insurance funds.
Renewable energy fund
Environmental protection plays an important role for more and more people. Green" funds, i.E. Renewable energy funds, are also becoming increasingly popular. The problem in this sector is that the legal basis for funding is subject to constant change. If subsidies are cut, this can lead to sales difficulties for companies. International providers, among others from china, also cause increased price pressure.
Investors can find out from HAHN rechtsanwalte whether they are entitled to compensation for damages. We check your contracts and tell you whether, for example, excessive returns were promised in the prospectus or whether you were not properly informed about all risks.
Junk real estate
Junk properties are condominiums that are not nearly as profitable as promised. They are often offered as a capital investment for old-age provision. But they are often overpriced and the buyers have to deal with a significant shortfall, which can lead to personal insolvency.
Buyers of junk real estate have various options for obtaining their rights. Thus the salesman, the mediator or advisor can be made responsible with an incorrect consultation. The financing credit institution can also act as an advisor, so that it must be liable. And also a notary liability comes into consideration. Have your contract documents reviewed by our specialist lawyers. We inform you about your rights and possible claims!
Interest rate swaps / securities
Interest rate and currency swaps are a popular means of achieving interest rate hedging. Very often there are simple plain vanilla swaps, but also highly complicated CMS spread ladder swaps. There are rulings on this, including from the federal court of justice, that the bank must provide information about the negative market value that has been structured in. If it does not do so, the customer is entitled to damages. Also in the case of cross currency swaps the banks have to fulfill their duty of disclosure, which they often enough do not do.
The issue of securities also includes investors who have invested in VW shares and feel cheated in the wake of the emissions scandal. Because the question is, when the VW executive committee of the risks knew and when he made the investors attentive to it. HAHN rechtsanwalte believes that investors are entitled to compensation for damages due to a failure to provide ad hoc notice.
The P&R insolvency
In 2018, the P&R group went into insolvency. Investors are currently being asked to file their claims. Whether these can be settled, however, is completely open. The risk of total loss must also be considered. But investors may have a claim for damages against banks, brokers or those responsible for the P&R group itself.
We check your contracts and your claims. HAHN rechtsanwalte needs your purchase and management contracts, existing rental statements and, if available, the advertising materials you have received. We examine these documents for you free of charge and without obligation!
The experience of HAHN rechtsanwalte goes back more than 30 years. Founder peter hahn has been working mainly in the field of banking and capital market law since the mid-1980s and has been a specialist lawyer since 2008. In addition, he is a founding member of the "banking and capital markets law working group" of the german bar association and a member of the "banking and capital markets law" specialist committee of the hanseatic bar association.
Dr. Petra brockmann is the second partner in the firm alongside mr. Hahn. She has also been a specialist lawyer for banking and capital market law since 2008.
The third partner, lars murken-flato has been a specialist lawyer for banking and capital market law since 2011.
The firm has offices in hamburg, bremen, stuttgart and munich. Currently, 15 lawyers, including 6 lawyers specializing in banking and capital markets law, work for HAHN rechtsanwalte.
HAHN rechtsanwalte – your lawyer for banking and capital market law
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Take advantage of our expertise in the field of banking and capital markets law. We are on your side, the side of the consumer!