Mercantile depreciation of property

In the event of damage and construction defects to real estate, the question of the possibility of compensation for so-called “mercantile depreciation” arises time and again.

The Supreme Court recently ruled that the significance of the damage for the award of mercantile depreciation cannot be determined by means of flat-rate percentages. However, certain types of damage can clearly indicate a mercantile diminution in value.

On the occasion of this decision, ScherbaumSeebacher partner Mag. Lukas Andrieu and university assistant Mag. Alexander Aichmayr have provided a legal overview of this topic in relation to buildings and real estate in the current issue of the renowned journal for commercial law (RdW).

The full article can be found here.

Mag. Lukas Andrieu, LL.M., BSc.

Construction law
International Contract Law
Litigation and Arbitration