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BGB 491. 2 The following provisions do not apply to consumer loan contracts in which the disbursable loan ( net loan amount ) does not exceed 200 euros , which are entered into between an employer and an employee at rates of interest lying below the going market rates , which , in connection with the subsidisation of housing and urban development , are entered into on the basis of public-law approvals or on the basis of grants from public authorities directly between the public law institution awarding the subsidies and the borrower at rates of interest lying below the going market rates .
BGB 492. 1 Consumer loan contracts are to be entered into in writing unless a more stringent form is provided for . Entering into the agreement in electronic form is excluded . The requirement of written form is satisfied if the offer and acceptance by the parties to the contract are declared in writing in separate documents . The statement of the lender need not be signed if it is made with the help of automatic equipment . The contract declaration must be signed by the borrower and must indicate : the net loan amount , and where applicable the maximum limit of the loan , the total amount of all instalments to be paid by the borrower in redemption of the loan as well as for payment of interest and other costs , if , at the date when the consumer loan contract is entered into , the total amount is certain for the entire duration of the loan ; for loans with variable conditions that are redeemed in instalments , a total amount on the basis of the loan terms that apply at the time the contract is entered into , the manner of repayment of the loan or , if an agreement on this is not envisaged , the arrangements for the termination of the contract , the rate of interest and all other loan costs which , where their amount is known , are to be specified in detail , or else whose basis is to be indicated , including any brokerage fees to be borne by the borrower , the effective annual rate of interest or , if the right is reserved to modify the rate of interest or other factors that determine the price , the initial effective annual rate of interest ; together with the initial effective annual rate of interest there must also be information on the conditions under which the factors that determine the price can be modified and the periods of time to which charges resulting from an incomplete disbursement or from a loan surcharge are to be allocated when calculating the effective annual rate of interest , the costs of any residual debt insurance or other insurance taken out in connection with the consumer loan contract , security to be provided .
BGB 492. 2 The effective annual rate of interest is the total charge per annum , to be expressed as a percentage of the net loan amount . The effective and the initial effective annual rate of interest are calculated in compliance with section 6 of the Statutory Order on Price Quotation [ Verordnung zur Regelung der Preisangaben ] .
BGB 494. 2 Irrespective of a defect under subsection ( 1 ) , the consumer loan contract is valid to the extent that the borrower receives the loan or draws on it . However , the rate of interest agreed for the consumer loan contract ( section 492 ( 1 ) sentence 5 no . 4 ) is reduced to the statutory rate of interest if there is no information on the rate of interest itself , on the effective annual rate of interest or on the initial effective annual rate of interest ( section 492 ( 1 ) sentence 5 no . 5 ) , or if there is no information on the total amount ( section 492 ( 1 ) sentence 5 no . 2 , ( 1a ) . The borrower has no liability to pay any charges not stated . Agreed instalments must be recalculated , taking account of the reduced rate of interest or charges . If there is no information on the conditions under which the factors that determine the price may be changed , they may not be changed to the disadvantage of the borrower . If there is no information on security , it may not be called for ; this does not apply if the net loan amount exceeds 50,000 euros .