Assignment Declaration of Credit

Hello,

I just came across this topic because I have exactly the same problem.

We received a template from the company, and the word unwiderruflich is not included. And then also "bei Eröffnung eines Insolvenzverfahrens ist die Rechtswirkung dieser Abtretung ohne Erklärung durch Baufirma oder Bauherr nichtig."

I’m also not really happy with it; if the statutory defect and retention rights were anchored, I would prefer that. Or a time limit. Someone who knows about this is currently reviewing it.

Then I have a question for everyone: do you know § 648 Abs. 6, according to which private builders do not have to provide such a declaration under the Construction Code. Why has no one referenced this yet?!

Best regards

@masipulami: May I ask which developer you are building with, who accepted it like that?

Hello,

I just came across this topic because I have exactly the same problem.

We received a template from the company, and the word irrevocable is not in it. And then also "in the event of the opening of insolvency proceedings, the legal effect of this assignment is null and void without a declaration by the construction company or the client"

Can you send it to me? I will send my email via PM. That would be super nice of you.
If irrevocable is not in there, then it is hidden or it can be revoked at any time and this letter is for the trash bin

I am also not really happy with it, if the statutory defect and retention rights were anchored, I would prefer that. Or a time limitation. Someone who knows what they’re doing is currently checking this.

Then I have another question for everyone, do you know § 648 para. 6, according to which private clients do not have to submit such a declaration according to the Construction Code. Why has no one referred to this yet?!

Best regards

I ask myself that too? Somehow no one cares.

@masipulami: May I ask which developer you are building with, who accepted it like that?

It's a company from Wadern-Nunkirchen (Saarland) that starts with "S". I don't think I’m allowed to just mention the name here.

Then I have another question for everyone, do you know § 648 paragraph 6, according to which private builders do not have to submit such a declaration according to the Construction Code. Why has no one referred to this yet?!

I know a forum is not a legal advisor, but what do you think about this clause:

an irrevocable and unlimited financing confirmation

On Bauherren-Schutzbund it says

Contract text
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 regarding the provision of the total contract sum.


Legal reasoning
This clause is not compatible with the statutory model of § 648 a paragraph 6 no. 2, paragraph 7 Construction Code and is therefore ineffective according to § 307 paragraph 2 no. 1 Construction Code. Builders of single-family houses are exempt from providing security. This consumer privilege is non-derogable.
Decision: Regional Court Berlin - 26. O. 246/05


Is this clause then invalid? What do you think? Should I go to a lawyer and have it checked? Maybe we legally do not have to sign an assignment declaration.

Best regards Jan

Hello,
I just read the conversation here ... In our contract for work it states that: "The client hands over a financing confirmation to the contractor and their credit institution makes the payments according to the payment plan. The payments are made after due date, the client is in default if the payment has not been credited to the contractor within 6 business days after the due date." My lawyer and my advisor from the Association of Private Builders both reviewed it and found nothing unusual, except for the payment plan, that I run the risk of overpaying quite quickly.

Since the term Baustopp / Bauunterbrechung came up earlier, I have a question about that. Not much is happening on my construction site at the moment – the reason is that I have stopped payments a) missing functional potential equalization/ foundation earth electrode, b) defective or wrongly delivered floor heating pipe, c) incorrectly installed distributor of the floor heating (stands in the middle of the room), d) wrong manufacturer or brand of the floor slab system, e) surface of the floor slab is not trowel finished and shows significant unevenness, f) negative slope in the floor-level shower on the ground floor, h) insufficiently sealed windows, i) installations for the roller shutter motors not professionally done, j) significant damage to the exposed beam ceiling, k) insufficiently sealed or not sealed base of the building – all documented by the Association of Private Builders supervisor .... For almost 3/4 weeks now no performance has come from the general contractor with the reason – we have withheld too much ... We had several offers made for the regulation of the defects and came to a fairly high amount – if I now see the problem that can no longer be regulated of the forgotten foundation earth electrode/ functional potential equalization – surely a depreciation will be added?

Oh and I forgot, according to my expert, the ring earth electrode is also defective