Bank demands an appraiser, however financing is approved

Yes, we have also read the judgments from 2007 and are of the opinion that the bank must pay. But the bank insists that WE commission the expert on their behalf. Thus, in our view, they are off the hook. The judgment only states that the bank may not commission the expert at our expense. But in this case, we would necessarily commission the expert. The application also states the costs we are supposed to pay. If we do not commission the expert, we will not receive a loan agreement.

The bank knows that we are in a bind and have no time to apply for the loan elsewhere.

I don't believe that the bank can evade responsibility with this "trick".

If the [Gutachten] is (always and exclusively) available to the bank, the bank may not pass the costs on to you. However, if the bank hands over the [Gutachten] to you after it has been prepared (or at the end of the loan term), it may do so, always assuming the corresponding contractual provisions.

If the appraisal report is (always and exclusively) available to the bank, the bank may not pass the costs on to you. However, if the bank hands over the appraisal report to you after its creation (or at the end of the loan term), it may do so, provided there are corresponding contractual provisions.

Is there case law on this?

Now the bank has gotten back in touch and claims that the legislator requires the bank to demand such an expert opinion.