Builder's legal protection insurance - Signing the construction contract

I still see bigger differences to the facts of the ÖRAG regarding §492a, which is why I would not consider the paragraph including subsection as a reference.

§492a has nothing to do with the specific facts of ÖRAG. It was about the fact that the provider can freely decide which customers he binds contractually under which conditions. And precisely that cannot just be stated like that. §492a is ONE example that the legislator sets limits here. In practice, the customer is then rejected for other reasons if he refuses to conclude an additional contract ;)

So again: at the current time it is not possible in practice to conclude the ÖRAG legal protection insurance without additional insurance. My statement from way up above is obviously wrong. Whether it is legally correct, I cannot finally assess. Enforcement makes no sense. Better to conclude the fire shell construction/ building insurance as well :)

I didn't want to forcefully convince you of my opinion or make you give up yours. :-) What you say is also true. In conclusion, one can say: Where there is no plaintiff, there is no judge :-)