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Thieves head to money source for burglary
Headline: Cash Cache Leaves Entrusting Firm with Nada: Cologne Regional Court Decision
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An empty-handed entrusting company learns the hard way about the risks of unclear contracts, after discovering a whopping 600,000+ euros in an apartment during a cleanout job. The company sued for a 100k euros payout and a finder's fee, but the Cologne Regional Court deemed them unworthy, as per a statement on Monday.
Here's the lowdown on this juicy legal doozy. The plaintiff, a Bavarian entrusting company, was hired to declutter an apartment in Bavaria by the defendant. During the operation, workers stumbled upon some serious cash, stashed away in diaper packages, along with jewelry and coins worth around 30k euros.
The entrusting company claimed this unexpected treasure, citing a clause in the contract stating that valuable goods should be removed by the client beforehand, and all remaining items would then become the property of the entrusting company. But the Cologne Regional Court wasn’t having it—they called this clause an unfair disadvantage to the client and ruled in favor of the defendant.
As for that finder’s fee the entrusting company was after, the court said, “Over my dead body!” The ruling is still provisional, but the takeaway is clear: There ain't no automatic right to a finder's fee for a third-party property clearance company—unless it's explicitly stipulated in the contract or promised by the client.
So, if you're thinking of hiring an entrusting company to manage your man cave, you might want to sweeten the pot with a clear-cut clause about who gets to keep the Jimi Hendrix poster from the attic when they find some undiscovered treasures. Just sayin'!
Legal Bits
Germany's Civil Code (Bürgerliches Gesetzbuch, BGB) acts as the backbone for legal matters related to property clearance and finder's fees.
- Voluntary Finder’s Fee (§ 971 BGB): The Civil Code allows for a finder's fee as a voluntary reward for locating a lost item, but it’s not automatic for third-party property clearance companies, and requires a clear contract or promise from the owner.
- ** obligations**: Anyone discovering a valuable item must notify the owner or police if they don't know who the owner is. In cases of large sums of cash or valuable items, the finder must report the discovery.
- Compensation: Property clearance companies may negotiate a bonus or reward for discovering valuable items, but this is not regulated by law and depends on the contractual agreement with the client. Unjust enrichment (§ 812 BGB) doesn't apply to finding valuables during the clearance process unless explicitly stipulated.
key takeaways:* No Automatic Finder’s Fee: There is no legal requirement for a finder's fee for third-party property clearance companies unless explicitly promised by the owner or included in the contract.* Reporting Obligation: Anyone who finds valuables or large sums of cash during a clearance must report the discovery to the owner or authorities.* Clear Contractual Terms: Any additional compensation or finder's fee must be carefully spelled out in the contract with the property owner or client.
- The Cologne Regional Court decision underscores the importance of clear contracts in property clearance, as an unclear clause regarding valuable items led to the entrusting company being denied a 100k euros payout and a finder's fee.
- The Civil Code in Germany allows for a finder's fee as a voluntary reward, but it's not automatic for third-party property clearance companies; this means that if you're hiring such a company to manage your property, you should include a clear-cut clause about finder's fees in the contract.
