BÜ wants a declaration of assignment. How to avoid it?

  • Erstellt am 2021-07-25 10:02:16

ypg

2021-07-25 12:43:52
  • #1

I am not. As I already said: You are here to get an objective opinion because a bird’s-eye view from your side on the matter itself is not possible, which is not a bad thing.
My tip for reflection. It means: simply look at the perspective from the other side and don’t see yourself only as the victim.
 

Thomas911

2021-07-25 12:44:22
  • #2

Thank you. The only useful and factual comment so far. One that we are happy to listen to. We have already contacted a lawyer and are now waiting for his feedback.
 

julimos

2021-07-25 12:46:07
  • #3
Take a look at 650m Baugesetzbuch. This part of the agreement may possibly be invalid. I would still try to find an amicable solution. It is common practice to have a guarantee from a bank/insurance for the 20% of the contract sum allowed under 650m Baugesetzbuch.
 

Oetzberger

2021-07-25 12:49:02
  • #4
Lawyers also have an interest, namely to earn money with many exchanges of letters and lengthy proceedings. Do not forget. A compromise with the construction company can be cheaper than a won lawsuit. Even if the lawyer advises otherwise.
 

Thomas911

2021-07-25 12:51:20
  • #5


Ok, thanks for the tip. As I said, I don’t deny my mistake, it was never about the intent on my part not to grant any payments or such nonsense that some here suspect. My mistake was not knowing the contract by heart and having overlooked this clause from that perspective. One can debate the demands on the work, but what for? In my opinion, whoever pays several thousand euros must at least receive the basic things. Such things include, for example, a proper preparation of the documents for obtaining the building permit. But let’s leave the discussion, it is superfluous here.

Just something to think about: an objective opinion does not exist. Every opinion is by nature subjective. Facts can be objective, but not opinions :)
 

Tolentino

2021-07-25 12:51:39
  • #6
Don’t you also get a guarantee from the contractor? Otherwise, if there are defects, always send the defect notice to the bank as well, maybe that prevents something. But I don’t know if that works that way.
 

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