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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 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 .
BGB 558e A rent database is a collection of rents maintained on an ongoing basis to determine the reference rent customary in the locality ; this database is jointly maintained or recognised by the municipality or by representatives of lessors and lessees , and information is issued on the basis of this database that makes it possible to come to a conclusion as to the reference rent customary in the locality with regard to individual dwellings .
BGB 591. 3 The Agricultural Court [ Landwirtschaftsgericht ] may upon application decide on provisions relating to the added value and may assess the latter . It may determine that the usufructuary lessor need only reimburse the added value in instalments and may impose conditions for granting such instalments . If the usufructuary lessor cannot reasonably be expected to accept reimbursement of the added value upon the termination of the lease , even in instalments , then the lessee may only demand that the lease is continued on the previous conditions until the added value of the leased property has been paid for . If no agreement can be reached , then the Agricultural Court [ Landwirtschaftsgericht ] decides upon application as to the continuation of the lease .