ATTORNEY AT LAW IN FRANKFURT AM MAIN
ALEXANDRA BARANDT

My law firm advises both private individuals and institutions throughout Germany in Russian and German, particularly in the areas of corporate, banking and investment law, and, if required, provides advice in many areas of general civil law.
advokat-in-frankfurt.de

LAW FIRM IN FRANKFURT
REVOCATION OF LOANS, CAR LOANS, DIESEL SCANDAL

If you have suffered financial damage from your advisor in matters of revocation of loans, car loans or other contracts as well as in the diesel scandal or in asset and capital investments, I advise you out-of-court and assist you in an advisory capacity and, if necessary, through courts of original and appeal jurisdiction. As a legal advisor in capital market law, I support aggrieved investors in enforcing their claims for damages. In the case of issues between bank and client, I also advise aggrieved investors on questions of investment advice and asset management.

In commercial and corporate law, I advise shareholders as well as managing directors from the planning and formation to the termination of a company. Disputes between condominium owners and administrators are part of community law and are a main focus of my legal work.

At the Russian Desk "Русский Oтдел" I offer advice on matters of commercial and corporate law and on their activities in Germany for Russian-speaking private individuals or for Russian companies and/or companies from the CIS states. For Russian-speaking private individuals, I also offer advice and assistance in concluding, terminating or negotiating leases, service contracts or contracts for work and services, as well as assistance with credit institutions, banks and financial service providers.

If required, I provide legal advice and representation in many areas of general civil law, such as sales law, tenancy law, credit law, employment contracts and contract law.

The owner of the law firm of Rechtsanwältin Alexandra Barandt, B.Sc., is a member of the Bar of Frankfurt, Germany. I am an independent advisor and representative of my clients' interests.
advokat-in-frankfurt.de
Legal advice is always a matter of trust

LEGAL ADVICE
COURT REPRESENTATION

Everyone has the right to seek the help of a lawyer to present his or her legal problem to a court. My law firm will provide you with legal representation in both out-of-court and civil court proceedings. With our help, you can present your claim to another party, file a motion, and file a civil lawsuit.

In civil litigation practice, claims are becoming increasingly complex and sophisticated. To effectively meet the demands, legal support and expertise are needed to analyze and evaluate claims. Since litigation often takes up a lot of time and nerves, we also seek out-of-court solutions when this is compatible with the legal situation.

LEGAL ADVICE AND REPRESENTATION

My law firm will also provide you legal advice and representation in the following areas of general civil law:
Banking Law
Banking law considers conflicts with credit institutions, which often have economic consequences for the client. If you have suffered financial damage from your in-house advisor at your bank or savings bank in matters of loans, credit or assets and capital investments, I will advise you out-of-court and assist you as your legal counsel and, if necessary, through before courts of original and appeal jurisdiction in the following matters:
  • Loans
  • Financing the purchase and construction of real estate
  • Revocation of consumer loans
  • Loan collaterals
  • Consumer credit law
  • Termination agreements
  • Early repayment penalties
  • Payment transactions, e-banking, internet banking
  • Leasing
  • factoring etc.
I review your contracts taking into account revocation and termination rights. I advise you on questions concerning the enforcement of claims for damages and the reversal of contracts. In the case of issues between bank and client, I also advise aggrieved investors on questions of investment advice and asset management.

If the interested client plans to terminate the loan agreement after a few years without paying a prepayment penalty for early repayment of the loan, then prior legal advice from a lawyer in this area is useful. I will assist you in an advisory capacity in these matters.
CAPITAL INVESTMENT LAW
In the capital market, investors keep losing a lot of money because they often entrust their assets to banks or other institutions that invest the assets in financial instruments that eventually end up in fraud scandals. When participating in closed-end funds, corporate bonds and other financial products, investors should always be concerned that their investments will not perform as expected. After all, investors bear the full loss of their investment.

As a rule, however, investors are not without protection even if they lose their assets completely. In many cases, every investor has the opportunity to assert his or her claims for damages and to legally enforce his or her claims against the advising institution. It is important to know the effective and legal possibilities in the field of investor protection law.

I advise you in the area of investor protection in the following matters:
  • Closed-end real estate funds
  • Ship funds
  • Solar and wind funds
  • Interests of limited partnerships
  • Stock and securities law
  • Atypical investments
  • Corporate bonds
  • Early repayment
Corporate Law
In the area of commercial and corporate law, my legal advice includes the joint planning of a foundation concept from the choice of legal form and the drafting of contracts to all social issues, especially in the establishment of:

GmbH companies
partnerships such as German GbRs
commercial partnerships such as German OHGs or KGs
Public companies, associations and foundations

I review and draft the shareholder agreements required for your project. My legal advice also includes the review of shareholder resolutions. If necessary, I will accompany you to shareholders' meetings. In the event of disputes with co-partners, I strive above all to find an out-of-court solution and to protect the interests of my clients in particular. I also accompany and advise you in court disputes.

My law firm also acts as an external legal department and is at your disposal for continuous legal advice in all company-related legal matters. Our consulting services include claims and contract management as well as contract drafting in all social issues.

Residential Condominium Property Law (WEG)
I advise you and represent your interests competently in all areas of residential condominium property law (WEG law). In WEG law I mainly deal with the following legal problems:
Residential condominium property contracts
Differences between separate and common property
Disputes between condominium owners, in particular disputes regarding contribution payments ("Wohngeld")
Legal issues in connection with structural changes
Disputes between community, administrator and condominium owners
Representation of the condominium owners in the condominium owners' meeting
Preparation of condominium owners' meeting and resolutions
Representation of administrator in the meeting
Review of community resolutions
Representation in court, especially contestation of resolutions
REVOCATION OF PRIVATE EDUCATION CONTRACTS
For foreign students who want to study in Germany, private preparatory colleges ("Studienkollegs") offer various preparatory courses for the completion of an admission test ("Feststellungsprüfung"). The applicants come from different countries and usually do not master the German language at a level to understand the general terms and conditions. They then enter into a training contract (language course contract, etc.) online and do not realize that they have entered into an unconscionably disadvantageous obligation. They then transfer the required tuition fees, which can range from 5,000 Euros to 10,000 Euros. Later, however, they realize that they cannot attend the privately organized preparatory college, and unfortunately have to demand their paid-in school fees back again, usually without success.

Often, such claims are not pursued at all. However, foreign applicants must also be aware that they are not left without rights when they enter into a contract over the Internet. Many contracts entered into on the Internet have a declaration to revoke ("Widerrufserklärung") that does not meet the legal requirements or contains incorrect mandatory information. If the declaration to revoke ("Widerrufserklärung") is incorrect, the 14-day cancelation period will not begin to run, i.e. contracts can still be canceled today - even if attendance at the preparatory college ("Studienkolleg") has already ended and even if you have already paid all training fees.

Diesel Exhaust Scandal
The options I have outlined can effectively prevent the impending loss of value of your car as well as driving bans and a possible withdrawal of the operating license in the wake of the diesel scandal.

Those affected have to consider several problems at once if their own car has an illegal exhaust cleaning defeat device:

The car loses resale value.
The consequences of software updates and retrofits are almost impossible to predict.
The registration authority can immobilize the car if you refuse updates / retrofits.
Whether a hardware retrofit/update will actually make the diesel cars clean; if this were not possible, there is indeed a threat of immobilizing and decommissioning the vehicle.

Some German city centers could introduce diesel driving bans, so you would not be allowed to drive there.

On December 17, 2020, the European Court of Justice (ECJ) issued an important landmark ruling. The decision affects the entire car industry. The top judges in Luxembourg have ruled that the exhaust cleaning defeat devices such as the so-called thermal window are fundamentally unlawful. Injured consumers now have a good chance of receiving compensation from many car manufacturing companies.
Revocation of Car Loan Agreements
When financing a car as a car loan or lease, it is possible to revoke the lease or car loan agreement as of June 13, 2014. For you, this means that you can return the financed car and the bank must refund the payments already made.

We advise you and check your claims in connection with the diesel scandal and the issues of revoking your car loan and support you with the following questions:

  • Which car loan contracts can be revoked?
  • Should the financing be canceled altogether?
  • Do I have to pay compensation for the use of the vehicle?
  • What risk do I have after a revocation of the car loan agreement?
  • What financing risk could exist after a revocation?
  • Will my insurance company cover the legal fees?
If you have any questions, please contact us by e-mail or by phone.

These contracts can still be revoked today - even if the financing has already ended and you have already paid all installments.
Revocation ("Widerruf") of Car Financing
Car loan agreements must also contain information on the statutory right of revocation ("Widerruf") in a revocation instruction ("Widerrufsbelehrung"). For consumers who want to get rid of their vehicle, be it a diesel vehicle or another passenger car, revoking the contract could be an option.

When financing a car as a car loan or lease, it is possible to revoke the lease or car loan agreement as of June 13, 2014. For you, this means that you can return the financed car and the bank must refund the payments already made.

More than every other car loan or leasing contract has a revocation instruction ("Widerrufsbelehrung") that does not meet the legal requirements or contains incorrect mandatory information. If the revocation instruction ("Widerrufsbelehrung") is incorrect, the 14-day revocation period does not start to run. The revocation instruction ("Widerrufsbelehrung") of the bank financing the car may be incorrect, for instance, if the bank has not provided all necessary contract documents or if the documents are not legible.

SPECIAL ISSUES

My law firm will also provide you with legal advice and representation in the following special topics of civil law, such as revocation of car loans, recovery of early repayment penalties when revoking loan agreements, and in all matters relating to the diesel engine scandal:

Diesel Exhaust Scandal
Attorney Alexandra Barandt recommends affected diesel vehicle owners to defend themselves with legal means and legal assistance against manufacturers.

In many cases, courts have already ruled against the car manufacturers. Claimants and plaintiffs have already been able to obtain reimbursements of the purchase price and repossession of the vehicle against the car manufacturers.

Various diesel cars from different manufacturers that have an illegal exhaust cleaning defeat device installed in the vehicle are currently affected by the diesel scandal. Illegal exhaust cleaning defeat devices for exhaust manipulation have been discovered in numerous Daimler AG models. For the brands BMW, Opel, Audi, and Fiat several scientific and engineering labs had already detected high nitrogen oxide levels in real driving conditions. Porsche models with Euro 5 and Euro 6 diesel engines are also affected by the emissions scandal. In May 2018, the German Federal Motor Transport Authority ("Kraftfahrtbundesamt") ordered mandatory recalls for Porsche's Cayenne and Macan sports car models due to inadmissible exhaust cleaning defeat devices for exhaust manipulation.

Consumers usually only learn about a recall of their vehicle through a letter from the manufacturer. Even if the Federal Motor Transport Authority ("Kraftfahrtbundesamt") has not yet declared a recall, the vehicle may still have such manipulations. Suspicions of possible manipulations have also arisen in the case of cars with gasoline engines.
Why is it important to know whether your car has an illegal defeat device?
Those car owners affected have to consider several problems at once if their car has an illegal defeat device:

  • The car loses resale value.
  • The consequences of software updates and retrofits are hardly predictable.
  • The registration authority can immobilize and decommission the car and rescind your car license if you refuse updates / retrofits.
  • Whether a hardware retrofit / update will actually make the diesel cars clean; if this were not possible, there is indeed a threat of decommissioning the vehicle.
Some German inner cities may introduce diesel driving bans, so you are not allowed to drive there.

On December 17, 2020, the European Court of Justice (ECJ) issued an important landmark ruling. The decision affects the entire car industry. The top judges in Luxembourg have ruled that exhaust cleaning defeat devices such as the so-called thermal window are fundamentally illegal and unlawful. Injured consumers now have a good chance of receiving compensation from many car manufacturers.

The options I have outlined can effectively prevent the impending loss of value as well as driving bans and a possible withdrawal of the operating license in the wake of the diesel scandal.
CONTACT US
I will process your request within a few days. Please check your information and fill out the contact form. If you have urgent questions, contact me directly by phone or by email.
MAKE APPOINTMENT
Tel.: +49 (0)6109 7688627
Fax: + 49 (0)6109 31552
a.barandt(at)barandt.de
www.advokat-in-frankfurt.de
www.barandtlegal.com
OUR WORKING HOURS
Monday - Friday:
9:00 - 19:00
Saturday:
After appointment
OUR ADDRESS:
An den Pappeln 14
60388 Frankfurt am Main
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