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=U5= Sec456 -- Section 456 Coming into existence of the repurchase agreement
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=S=> BGB 456. 1 If the seller has , in the purchase agreement , reserved the right of repurchase , the repurchase agreement comes into existence when the seller declares to the buyer that he is exercising the right of repurchase . The declaration is not subject to the formal requirements laid down for the purchase agreement .
=S=> BGB 456. 2 In case of doubt , the price at which the object was sold also applies to the repurchase .
=U5= Sec457 -- Section 457 Liability of the reseller
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=S=> BGB 457. 1 The reseller is obliged to return to the repurchaser the purchased object with its accessories .
=S=> BGB 457. 2 If the reseller , before exercising the right of repurchase , was at fault for the deterioration or destruction of the purchased object or an impossibility of returning it that resulted in another way , or if he materially altered the purchased object , he is liable for the damage resulting from this . If the object deteriorated without the fault of the reseller or if it is only trivially altered , the reseller may not require the purchase price to be reduced .
=U5= Sec458 -- Section 458 Removal of third-party rights
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=S=> BGB 458 If the original purchaser disposed of the purchased object before exercising the right of repurchase , he is obliged to remove the third-party rights created by this . A disposition that is made by execution of judgment or attachment or by the administrator in insolvency proceedings is equivalent to a disposition by the reseller .
=U5= Sec459 -- Section 459 Reimbursement of outlays
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=S=> BGB 459 The reseller may demand reimbursement for outlays that he made on the purchased object before the resale to the extent that the value of the object is enhanced by the expenses . He may remove an installation which he has attached to the returnable thing .
=U5= Sec460 -- Section 460 Repurchase at estimated value
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=S=> BGB 460 If the estimated value of the object purchased at the time of repurchase is agreed as the repurchase price , the reseller is not responsible for the deterioration or destruction of the purchased object or an impossibility of returning it that resulted in another way , and the repurchaser is not obliged to reimburse the outlays made .
=U5= Sec461 -- Section 461 More than one person entitled to repurchase
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=S=> BGB 461 If more than one person is jointly entitled to the right to repurchase , the right may only be exercised in its entirety . If it has expired for one of the persons entitled or if one of them does not exercise his right , then the others are entitled to exercise the right of repurchase in its entirety .
=U5= Sec462 -- Section 462 Cut-off period
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=S=> BGB 462 The right of repurchase may be exercised , in the case of plots of land , only before the end of thirty years from the date of the agreement of the reservation , and in the case of other objects , only before the end of three years from that date . If a period of time is specified for exercise of the right , this period replaces the statutory period .
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