Amendment of loan agreement after signing?

Hello, now we have a problem again. We are buying a house for 135,000 euros and have taken out a loan for 120,000 euros from Ing-Diba. The loan-to-value ratio is something around 88%. But in the notarized contract it says that a fitted kitchen, awning, and garden tools worth 4000 are included in the purchase price. Today the bank pointed out that somewhere on one of the last pages of the loan contract (or not in the contract itself, but in the disbursement conditions) it states that the purchase price must be notarized as "without inventory" above 135,000. If you subtract the 4000 euros from the purchase price, the loan-to-value ratio becomes 91.6% and that puts us in a different interest rate bracket. I was already not entirely comfortable with the 88%; I would have preferred to take out less since we now have 18k euros of equity just sitting there uselessly. But time was too tight and I thought okay, no matter, we’ll just pay off the amount early later. The deal was brokered through Interhyp. Now according to the bank, there are two possibilities: either reduce the amount or the interest rate will rise – both through a subsequent contract amendment. According to the fee schedule, a contract amendment after signing is supposedly free of charge, but I don’t quite believe that. Otherwise, we are still within the revocation period, but the question is whether we will get a new contract if we revoke now. We have not signed the notarized contract yet; only the seller side has already had their notary appointment. Changing it afterward would probably be possible but pointless, since the bank would rightly suspect collusion if the passage about the "included kitchen..." suddenly disappeared. In addition, it would surely cost money. According to the bank, Interhyp should have pointed out to me that the fitted kitchen, etc. are not to be counted towards the purchase price. I find this rather illogical and therefore did not ask explicitly, because then floor coverings, washbasin fixtures, mirror cabinet in the bathroom would also have to be deducted from the purchase price. According to the tax office, the fitted kitchen is also not inventory and I have to pay property transfer tax on it. Now the question: has anyone experienced something like this with Ing-Diba and knows what the actual fees for such a change are? To reduce the loan amount afterward? This must surely happen regularly with new builds if the amount was set too high? It is certainly my fault, but there was so much time pressure because the bank set a deadline to sign the contracts and we basically only had one week from the financing commitment to send the signed contracts back. Getting a notary appointment within one week is almost impossible. We only had the draft contract during the deadline and signed the loan contract under pressure and blind faith. Everywhere it says you should first have the notary appointment and the commitment must be valid that long. But how, with the deadlines? The case has now been forwarded to the processor; the hotline lady said it might possibly be decided as a gesture of goodwill, but what for goodwill if the change is supposed to be free? I'm just about losing it :O

According to the bank, there are now 2 options: either reduce the amount or the interest rates increase – both through a subsequent contract amendment. According to the fee schedule, a contract amendment after signing is supposedly free of charge, but I can't quite believe that.

And then you write a long text instead of a two-liner to the bank? I don't understand – you were given both options, right?

According to the tax office, the EBK is not inventory and I have to pay land transfer tax on it.

Since when?

Now the question: has anyone ever had something like this with Ing-Diba, and knows about the actual fees for such a change?

Just ask the bank!

Otherwise, we are still within the revocation period, but the question is whether we will get a new contract if we revoke now.

With the current bank, 100% not.

I find it rather illogical, and therefore did not specifically inquire, because then floor coverings, washbasin fittings, mirror cabinet in the bathroom would also have to be deducted from the purchase price.

You have no idea what some contracts say... Everything is possible!

I did ask the bank, it says so in the text above. By phone and by email as well. It was forwarded to the person in charge. But now I have to wait until a response comes. Unfortunately, I forgot to ask if the change involves costs. My mind was completely blank. It was actually about another question in the phone call, the notary wants to apply for a subordinate land charge, but the bank only wants a first-ranking one. The notary says that's not possible. The bank says it has to be that way. Like I said, I'm slowly going crazy.

It was actually about another question during the phone call, the notary wants to apply for a priority-ready mortgage, but the bank only wants a first-ranking one, the notary says that is not possible. The bank says it has to be that way.

You are talking past each other. The bank ultimately needs a first-ranking mortgage. It slides into first rank by replacing the creditor of the seller (either in fulfillment of a trust order according to the purchase contract or via a notary escrow account – the latter I haven't seen for a long time). The notary is correct and acts properly. Probably it was not discussed during the phone call that you are processing a purchase contract. Don't let that confuse you. Simply register the mortgage as indicated by the notary and talk to him again about the processing of the purchase contract.

The notarized contract is okay next week. But when is payment day? You can also go ahead and buy the thing and then apply for the loan. You have time until the payment request.

If it doesn’t work any other way, I would revoke the contract with the bank and simply conclude a new one. Is that still possible within the deadline?

If it doesn't work any other way, I would revoke the contract with the bank and simply conclude a new one. Is that still possible within the deadline?

How does it look now in the Schufa? Previously, the revocation was noted and you had a hard time with other financiers.

To be honest, I would take an absolutely pragmatic approach. The contract is signed - check that off. Either adjust the purchase contract (it's only relevant for you, not for the seller), which is guaranteed to be no problem and the bank won't ask about it since you fulfilled the condition. Alternatively, sign the purchase contract with proof of the EBK and present it to the bank, which in the worst case will reduce part of the loan and charge you 100€ for non-acceptance. So what! Who cares...

You don't have any real problems - I say this as a banker, even if you see it a bit differently as a buyer and borrower.