1000 houses program signed. Is rejection still possible?

We signed a house contract on 15.12.15 and applied for funding in February 16. The contract was signed by the construction company on 3.3.16. The contract states that the contract is only legally valid once all parties have signed. The funding is now supposed to be revoked because the order date counts. However, when concluding the contract, we ordered a KFW 55 house and only in the summer placed all orders for the 1000 HP such as extra insulation, heat storage, insulated windows, photovoltaics and upgraded the house to Kfw 40 plus because we firmly counted on the funding. The notice can only be countered with a lawsuit. What to do? To what extent can we hold the construction company responsible, which promised us the funding? It also has the clause in the contract that the contract can be terminated if funding is not granted. Of course, the house is already built. But compensation? I am grateful for any help!

Please forgive me, but I just don’t get it right now... What are the conditions to benefit from the funding? Which date counts there, or in what order are the 10000 HP application for funding and the conclusion of the house construction contract supposed to be made? That is not clear to me, nor what “all orders for the 10000 HP have been placed” means. How can I have placed an order when applying for funding? Or am I missing something [emoji51] Otherwise, at least with BAFA (funding for heat pumps), it goes like this: first submit the funding application, then commission the heating installer/sign the house construction contract, the order date counts. Tenders (if applicable) can be done beforehand, but the commissioning/contract signature only AFTER the funding application. Otherwise, you will probably get nothing.

I am not a lawyer, whether a lawsuit makes sense should be assessed by one. My gut feeling, that of a layperson, tells me that the order was not followed (you as builders first signed the contract and thus made a declaration of intent, then applied for the funding, which IMHO was a mistake.) But as I said, whether your declaration of intent is decisive for the exclusion date of the funding (the reason for rejection suggests that) or the conclusion by countersigning by the house building company, better ask a lawyer.

Even if it doesn’t help you, maybe for readers: count on the money you definitely have, not on funding that has not yet been approved. As far as I know, the 10000 HP is also limited, i.e. if the pot is empty, you get nothing. For that reason alone, better only count on what you have and if in doubt be glad that you got a portion back through funding.

Can you also say something about the house building company promising you the funding? Is that in the house construction contract or how is it worded? Possibly there are claims for damages -> ask lawyers.

However, I would ask myself how the house building company can give you such a promise about funding (and thus other people’s money). It must be applied for AND approved... the company has no influence on that, right? Were you perhaps too gullible there?

I would ask myself how the house building company can give you such a commitment regarding funding (and thus other people's money). It has to be applied for AND approved... the company doesn't have any influence on that, right? Were you possibly too gullible there?

Possibly the achievement of an energy standard was agreed upon (Kfw 70/55/40(+), ...). However, the application for funding is, in my opinion, the responsibility of the recipient of the funding. I don't think they guaranteed anything like that, as it is not within their sphere of influence. But if they did, -> lawyer.

That is not clear to me, nor is what “all orders for the 10000 HP have been placed” means. How can I place orders in a funding application? Or am I missing something

I didn't understand that either. I have the impression that the OP's post can be condensed very far to the relevant facts. The whole story with later orders for upgrades, then building KFW 40+ anyway (which is better), is irrelevant if the application procedure was not followed. And that procedure is: apply first, then commission the project(!) (where here the builder in March is probably meant, so everything from later summer doesn't matter). I don't know how it was years ago in the 10,000 houses program, whether one had to wait for approval before commissioning – that also exists.

But that will be a matter for a lawyer. Gather all documents and seek initial consultation. Especially since the only remedy against the decision is a lawsuit and not a simple objection.

The start of the measure is a delivery or service contract attributable to the execution. This start must not be before the application. However, we only decided to execute according to the KfW 40 plus standard much later. The contract provided for KfW 55 and a completely different house. We changed everything. I still do not understand why the date of the signing by all parties does not count. At the time, we even suggested to the house seller to conclude a new contract. But since it was said that the contract only comes into effect with the second signature, we took no further action.