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BGB 402 The previous obligee is obliged to provide the new obligee with the information required to assert the claim and to provide him with documents serving as proof of the claim , to the extent that they are in his possession .
BGB 435 The thing is free of legal defects if third parties , in relation to the thing , can assert either no rights , or only the rights taken over in the purchase agreement , against the buyer . It is equivalent to a legal defect if a right that does not exist is registered in the Land Register .
BGB 442. 1 The rights of the buyer due to a defect are excluded if he has knowledge of the defect at the time when the contract is entered into . If the buyer has no knowledge of a defect due to gross negligence , the buyer may assert rights in relation to this defect only if the seller fraudulently concealed the defect or gave a guarantee of the quality of the thing .
BGB 536b If the lessee knows of the defect when entering into the agreement , then he does not have the rights under sections 536 and 536a. If he remains unaware of the defect due to gross negligence , then he has these rights only if the lessor fraudulently concealed the defect . If the lessee accepts a defective thing although he is aware of the defect , then he may only assert the rights under sections 536 and 536a if he reserved his rights at the time of acceptance .