Did you buy a flat for rent on a franc loan? You must know that
Before the court, a private investor is treated as a consumer, and strictly speaking, the fact of not issuing funds from a loan for housing purposes, and for an investment purpose, does not deprive the borrower in itself of the status of consumer. The Polish tax authorities approach this matter completely differently.
The franchisee fight for the annulment of contracts, lasting for at least 10 years, gives positive results for borrowers. Over the years, the CJEU is more and more detailed dilemmas. In 2024 he admitted, among others Consumer status also for people who buy a flat for investment purposes.
However, despite the beneficial case -law in one point in one point, the situation of such people differs from the situation of borrowers for their own housing purposes. This entails additional costs with the final settlement with the bank.
A private investor is a consumer
Although loan agreements valorized with foreign currency courses can also be accused of violating the provisions of all entities, not only consumers (contradiction with banking law, contradiction with the so -called principles of social coexistence), undoubtedly the case -law has established the allegation of the so -called abusiveness of conversion clauses in these contracts. On the other hand, the provisions on abusive clauses are applied only to the entrepreneur-consumer relations.
Therefore, there was a dilemma – whether people who buy one apartment, but strictly for investment purposes, i.e. with the intention of renting and achieving additional income on this path, or selling out at a profit, still act for private purposes.
Can such an investment equal to being an entrepreneur on the real estate market?
