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Erden in den Bergen
soll (here)
Jul 5, 2020 11:45
3 yrs ago
46 viewers *
German term

Irrtum und Zwischenverkauf, Vermietung bleiben vorbehalten

German to English Law/Patents Real Estate
In an estate agent/Makler contract.
Proposed translations (English)
4 +3 Subject to error, prior sale and prior leasing/letting
4 +1 [See my suggestion]
4 +1 error, prior sale and leasing/letting (are) reserved/subject to change
4 error, prior sale or lease (are) reserved
3 +1 (description) subject to errors, prior sale or lease of the property
3 +1 We accept no liability for errors in the description and reserve the right to sell or let...
Change log

Jul 5, 2020 20:21: Andrea Capuselli changed "Visibility" from "Visible" to "Squashed"

Jul 5, 2020 22:35: Andrea Capuselli changed "Visibility" from "Squashed" to "Visible"

Votes to reclassify question as PRO/non-PRO:

Non-PRO (2): TechLawDC, Björn Vrooman

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Discussion

philgoddard Jul 7, 2020:
There's nothing wrong with contributing to questions in languages that you don't translate. I once picked up some points for a question in Basque, which I don't speak a word of.
Johannes Gleim Jul 5, 2020:
@ Luiza Please post the full phrase, explain us the background and answer the questions raised in the discussion! This would us enable to understand the subject of the contract and the sense of the phrase in the wider context.

As "Vermietung" sounds strange after "Zwischenverkauf" for Germans like me, especially, as this term is not attached by "und" or "oder", I also suppose that a correctly formulated German clause would be "Irrtum und Zwischenverkauf oder -vermietung bleiben vorbehalten".

Is this a contact translated from another language? In such cases you should refer to the genuine source text if available from the client.
Adrian MM. Jul 5, 2020:
Contract made or to be made with whom and where? Perchance the asker can clarify with whom the contract is made; is it the seller or the buyer - or both, possible in some German-speaking countries - with the Makler or the latter with the buyers or the sellers. And is this a German-speaking country or e.g. Spain?

Otherwise, a similar UK scenario would refer to a mistake of fact (usually of property measurements) vs. of the law and a prior, unregistered sale (common in Spain for tax reasons) or letting (there is a third-party in occupation).

Meantime: https://eng.proz.com/kudoz/german-to-english/business-commer...
David Hollywood Jul 5, 2020:
6 of 1 and half a dozen of the other
Chris Pr Jul 5, 2020:
Then it must be a contract containing this proviso..
Besides, the source here appear to be an over-abbreviated version of:
"Irrtum und Zwischenverkauf oder Zwischenvermietung bleiben vorbehalten."
https://upmarketproperties.de/agbs/
Hence my query to Luiza about a possible typo...or maybe even omission?
philgoddard Jul 5, 2020:
But Luiza says this is a contract, not an offer.
Chris Pr Jul 5, 2020:
A perfectly universal term... ...in real estate...also in summing up the T&Cs...
"Offers are made subject to error, prior sale, price change or omissions."
philgoddard Jul 5, 2020:
I can't help feeling that none of the answers so far conveys a really clear meaning - subject to error? Error reserved? I think the translation may need to be written out in more detail, and be longer than the German. But I'm not totally clear what the German means.
David Hollywood Jul 5, 2020:
Zwischenvermietung gibt's, aber in diesem Fall steht Vermietung und OK
David Hollywood Jul 5, 2020:
no problem with the formulation of the ST IMO
Chris Pr Jul 5, 2020:
Luiza I'm wondering if your source text contains a typo, since the majority of searches return a hyphenated '-vermietung', such as, "Unsere Nachweise sind freibleibend; Zwischenverkauf und -vermietung..."?
Or perhaps missing a "bzw" between the two terms...?

Proposed translations

+3
1 hr
Selected

Subject to error, prior sale and prior leasing/letting

I think the source may contain an error, where 'Vermietung' should be 'Zwischenvermietung' and dentoed in the sentence as "-vermietung'....

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Note added at 1 hr (2020-07-05 13:33:23 GMT)
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...denoted...

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Note added at 2 hrs (2020-07-05 13:48:19 GMT)
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If the typo is confirmed, we could also say:

"subject to error, prior sale, prior leasing and/or letting"

--------------------------------------------------
Note added at 4 hrs (2020-07-05 15:51:22 GMT)
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A similar example reads as"
"Subject to error, prior sale or letting arrangements."
https://upmarketproperties.de/en/agbs/

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Note added at 4 hrs (2020-07-05 15:59:20 GMT)
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And the original German source:
"Irrtum und Zwischenverkauf oder Zwischenvermietung bleiben vorbehalten."
https://upmarketproperties.de/agbs/
Note from asker:
I agree that it is a typo in the ST as this would make much more sense. Thank you, everyone.
Peer comment(s):
neutral AllegroTrans : saying "subject to error" implies that there ARE errors and I don't see how it can mean this// where does the site specify this?// you are some sort of self-appointed gatekeeper then?
1 day 3 mins
A working-level command of German is required to comment on these pages....
agree TonyTK
1 day 6 hrs
agree Harald Moelzer (medical-translator)
4 days
Thank you Harald...
agree Daniel Arnold (X)
4 days
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
30 mins

error, prior sale or lease (are) reserved

Reservation is made for possible error, prior sale, or lease
Peer comment(s):
neutral AllegroTrans : You can't say "error is reserved" - it makes no sense in English
1 day 1 hr
Something went wrong...
+1
5 hrs

(description) subject to errors, prior sale or lease of the property

„Zwischenverkauf /Zwischenvermietung“ bedeuten, dass die Immobilie zwischenzeitlich auch verkauft oder vermietet werden kann, wenn sich (vor Vertragsabschluss mit dem interessierten Kunden) noch ein anderer Käufer findet.

„Irrtum“ bezieht sich auf irrtümlich gemachte falsche Angaben (etwa zur Größe oder zum Preis der Immobilie).

https://www.finanzfrage.net/g/frage/was-heisst-zwischenverka...

Peer comment(s):
disagree Chris Pr : This is a direct copy of an existing entry... // Edited to reflect the blatantly 'partisan' intervention...//Sorry Johanna, but a third-party has forced the move...//I didn't say anything about 'habitually and mindlessly'.... ;)
2 hrs
Thank you for your comment! These things (posting similar answers) do happen, and I’m truly sorry if you think that am habitually and mindlessly copying my colleagues’ answers. Wishing you a relaxed and successful week!
agree writeaway : The neutral-now-turned-disagree is unwarranted and unfair. The is a clearer wording and your explanation in German is very helpful.
6 hrs
Thank you :-)
neutral AllegroTrans : saying "subject to errors" implies that there ARE errors and I don't see how it can mean this, but the tone of the CP disagree is entirely unwarranted
20 hrs
agree that the sentence should be split to be make sense - that's why I added my explanations -
agree TonyTK
1 day 2 hrs
Thanks, Tony!
neutral philgoddard : I agree with Allegro. Also, this is grammatically incorrect - it should be "and to prior". Otherwise you're saying "subject to errors of the property".
1 day 12 hrs
Something went wrong...
+1
7 hrs

[See my suggestion]

I feel this needs to be spelt out in more detail than the previous answers, which are not easy to understand and in some cases are grammatically incorrect. So I suggest:

Errors and omissions excepted [this is a standard term meaning that the contract will not become invalid if it contains mistakes]. Contract may be invalidated if the property has been sold or rented to a third party.

Peer comment(s):
neutral Chris Pr : A dictionary definition is not being sought here... // Also, but unrelated to you, Phil, these serial partisan interventions by your Francophone (only, so it seems) colleague are becoming all too transparent...
10 mins
Who said anything about a dictionary definition? This is my suggested translation. The bit in square brackets is my explanation of "errors and omissions excepted", in case Luiza isn't familiar with it.
neutral writeaway : this is more of a reference comment, not really an answer. And you've included a lot of elements nowhere in the phrase actually asked
3 hrs
It's an answer. It's longer than the German because literal translations don't work.
agree AllegroTrans : This was my first thought when I saw the ST - we need to use sensible English rather than Engleutsch
18 hrs
Thank you.
neutral Björn Vrooman : Agree you should spell it out, but your explanation makes no sense to me (we've had a Maklervertrag before). E.g., Irrtum vorbehalten doesn't apply to the whole contract (that'd be illegal) but to an agent's non-binding offers (->invitatio ad offerendum).
3 days 17 hrs
Something went wrong...
+1
21 mins

error, prior sale and leasing/letting (are) reserved/subject to change

I would suggest

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Note added at 23 mins (2020-07-05 12:09:02 GMT)
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e.g.: Zwischenverkauf bzw. Vermietung und Verpachtung bleiben dem Verkäufer ausdrücklich vorbehalten, es sei denn, dass hierfür eine gesonderte Vereinbarung getroffen wird. ziegert-immobilien.de
They shall expressly be subject to prior sale, letting or leasing by the Seller unless otherwise specified by a separate agreement.

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Note added at 26 mins (2020-07-05 12:12:27 GMT)
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Hi Luiza and welcome to proz :) normally you have to restrict question content but no worries

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Note added at 29 mins (2020-07-05 12:14:35 GMT)
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and another example: Alle Angebote in der Datenbank sind freibleibend und vorbehaltlich Zwischenverkauf und -vermietung. concept02.at
All offers in the database are subject to change and to prior sale and leasing.

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Note added at 31 mins (2020-07-05 12:17:06 GMT)
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might need a little polishing in your specific context but that's up to you :)

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Note added at 1 hr (2020-07-05 12:48:00 GMT)
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glad to have helped and enjoy this great site :)

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Note added at 5 hrs (2020-07-05 16:48:51 GMT)
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the "great debate" is typical on the German front so you decide based on your own knowledge

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Note added at 5 hrs (2020-07-05 16:50:21 GMT)
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we help with ideas but you have the final call

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Note added at 5 hrs (2020-07-05 16:51:51 GMT)
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and you'll see the form as you go along :)

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Note added at 2 days 21 hrs (2020-07-08 08:46:10 GMT)
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see what I mean :)
Note from asker:
Sorry, I just got my paid membership and am still learning all the ropes. That is similar to what I was thinking and was stuck on how to phrase it. Thank you.
Peer comment(s):
agree Teangacha (X) : 'The right is reserved to error, prior sale and prior/interim leasing.' 'Error, prior sale and prior/interim leasing excepted.' https://en.wikipedia.org/wiki/Errors_and_omissions_excepted
9 mins
thanks Irene and wholly approve of your pro-bono work :) the gift of tongues sounds great :) Go raibh maith agat: Go n-eirí an t-ádh leat very basic Irish :)
neutral philgoddard : I don't think this makes syntactic sense. You can't say "error is reserved" or "error is subject to change". The first is simply not something we'd say, and the second implies that the contract contains an error.
7 hrs
don't forget the force of the comma, feel the context
neutral AllegroTrans : You can't say "error is reserved" or "error is subject to change" - this just doesn't make sense in English
1 day 1 hr
the comma does its job Chris :) think about it and with the comma ok
Something went wrong...
+1
7 hrs

We accept no liability for errors in the description and reserve the right to sell or let...

We accept no liability for errors in the description and reserve the right to sell or let the property in the meantime.

Agree with Phil Goddard (“I think the translation may need to be written out in more detail, and be longer than the German.”)

‘Irrtum’ has to be separated off from the other two elements here. No agent sets out to include errors or reserves the right to do so. It is, however, perfectly legitimate to sell or let the property to the first buyer to complete purchase.

In legal texts, accuracy outweighs brevity.


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Note added at 10 days (2020-07-16 11:33:40 GMT)
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Peer comment(s):
neutral philgoddard : Luiza says this is a contract, not a description.
12 hrs
Thank you for sharing your misgivings.
agree AllegroTrans : Sensible
18 hrs
Something went wrong...
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