Liability for the absence of a sales prospectus

(1) The acquirer of asset investments may, where a sales prospectus has not been published contrary to section 6, demand from the issuer of the asset investments and the offeror, as joint and several debtors, that they take over the asset investments against reimbursement of the acquisition price, insofar as this does not exceed the original acquisition price, and of the usual costs connected with the acquisition, provided the acquisition transaction was concluded before publication of a sales prospectus and within two years after the first public offer of the asset investments in Germany. The first sentence applies accordingly to the acquisition of asset investments of the same issuer that cannot be distinguished from the asset investments named in the first sentence by their features or otherwise.
(2) Where the acquirer is no longer the holder of the asset investments, that person may demand payment of the difference between the acquisition price and the sale price of the asset investments, as well as the usual costs connected with the acquisition and the sale. Subsection (1), first sentence applies accordingly.
(3) Where asset investments of an issuer with its seat abroad are also publicly offered abroad, a claim under subsection (1) or subsection (2) exists only where the asset investments were acquired on the basis of a transaction concluded in Germany, or of an investment service provided wholly or partly in Germany.
(4) The claim under subsections (1) to (3) does not exist where the acquirer knew of the duty to publish a sales prospectus at the time of acquisition.
(5) An agreement that reduces or waives a claim under subsections (1) to (3) in advance is void. Further-reaching claims that can be brought under the provisions of the civil law on the basis of contracts or torts remain unaffected.