Rent/Purchase

The lease is a lease in which the tenant by the landlord the right was granted, within a specified period by a unilateral declaration the rented thing available for purchase at a predetermined price, taking into account the rents paid by then. Before the declaration applies to the contract the rent law application, then it is a purchase contract, will be applied to the purchase right. However, the conditions of each provider must be examined here from case to case. They differ in some cases considerably. Frequently no option right is agreed but agreed from the start of the transfer of ownership upon payment of the final installment, without the requirement of an exercise notice. Usually the rent is too high. The reason is the one hand, to cause the tenant to purchase. On the other hand, a strong value loss is also associated with the use of the thing, unless it is a new thing, connected. For the buyer the incentive to enter into a lease-purchase financing in the lighter against the fixed price sale. Hire purchase is from a tax perspective is not necessarily synonymous with leasing. In a lease, the economic ownership passes immediately to the buyer. This makes an activation of fixed assets is necessary. The legal ownership is usually after payment of the last installment to the buyer. Thus, the lease is likely to payment by installment as compared with a conventional lease. In the case of insolvency of the seller, the treatment depends on whether a retention of title was agreed. According to § 107 of the Insolvency Code (InsO) may require performance of the contract in the event of insolvency of the conditional purchaser. However, this is necessary for the transfer of ownership has already been established upon delivery of the lease object.