Assignment Declaration of Credit

Hi,

and thank you very much for your answers. You are helping me a lot.

So my house bank is Po ... Bank, the one with the yellow logo. They do provide an assignment declaration, but not conditions, as in my case.

Regarding the clause:eine unwiderrufliche und unbefristete Finanzierungsbestätigung

the following is stated on the Bauherren Schutzbung website

Vertragstext
Proof can only be provided by an irrevocable and unlimited financing confirmation from a building society or a credit institution with an assignment declaration or by a bank guarantee according to the agreed payment plan for the provision of the total contract sum.

Rechtliche Begründung
This clause is not compatible with the statutory model of § 648 a para. 6 no. 2, para. 7 Building Code and is therefore invalid according to § 307 para. 2 no. 1 Building Code. Homeowners of single-family houses are exempt from a security deposit. This consumer privilege is non-negotiable.
Beschluss: Landgericht Berlin - 26. O. 246/05

The construction company knows that we want to pay in cash and therefore this assignment declaration from the credit balance.

Actually, I thought that I would submit a certified bank statement from the bank.

Can’t the bank issue a financing confirmation for my equity capital? Is there such a thing?

The bank can only confirm the current balance (as stated in the account statement). As soon as the signature is on the confirmation, you transfer everything to another account and the construction company is left empty-handed. You need to talk to the construction company or ask the P...Bank which assignment they would provide (have the text presented). This is how we also handle things with our customers/banking partners. Otherwise, you have to find another bank or tell the construction company that you cannot come to an agreement with the requested declaration. Then a solution will be found – even if it is difficult.

Yes, the construction company suggested as an alternative to pay the last two installments in advance at the start of construction, and I do not want to agree to that either.

I will have to talk to the construction company again because I do not consider either solution fair.

Just spoke with the construction company and apparently have 4 solutions

1. Assignment declaration from credit (as above)
2. Bank guarantee
3. Pay the last two installments in advance at the start of construction.
4. Take out a €50,000 home loan and do it through a financing confirmation from the bank.

If I had only thought about this before signing the contract, I probably wouldn’t have signed there.

Point 1 is already out.
Point 2 is not offered by P...Bank as far as I know.
Point 3 how high are the last two installments and what security does the construction company provide? If the company requires security from you, then it must be prepared to offer you security as well!
Point 4 is expensive nonsense.

Rate 12 is 2% Rate 13 is 5%

So not exactly a small amount of money. The last installment is very important to me. If part of the installment is withheld during construction due to some defects, you quickly risk a construction stop. With the last installment, there is simply more pressure. Or am I seeing this wrong.

I can also get a bank guarantee from any other bank. It just doesn't cost a small amount of money and is that really better for me? I have not informed myself particularly about bank guarantees.