Cheap loan lost due to architects' mistakes

  • Erstellt am 2012-10-07 21:26:40

swelerle31

2012-10-07 21:26:40
  • #1
hello, we are planning our own home. we are building with a developer for whom the architect also works. for the financing, we had a very favorable loan offer, which, however, ended on a certain date. now we had all the required documents for the loan except the energy saving ordinance calculation, which our architect was also supposed to do. we told him a few days before the offer deadline that it was urgent, and he completed the kfw calculation on time. all good. unfortunately, the architect made a mistake in the calculation, which the bank noticed, and because of which they said the documents needed to be corrected and were thus not submitted on time. as a result, the loan is now 0.3% more expensive, which over the entire term amounts to quite a lot of money. when we confronted the architect about it, he just said that we had put him under time pressure and therefore it wasn’t his fault. neither he nor the developer admits a mistake or offers us any compensation. what can be done? go to court against the developer? then they definitely won’t build us a house anymore. but just letting it rest like that doesn’t seem fair to me either. does anyone have an idea? thanks in advance, swelerle31
 

Der Da

2012-10-08 09:58:15
  • #2
Tough luck, I would say. What are you accusing the architect of? He has the better cards since you pressured him. If he had been dawdling for weeks now, it might have been his fault, but you yourself write that you approached him only a few days before the offer expired. Better be glad that the bank noticed the mistake.
 

Bauexperte

2012-10-08 11:26:54
  • #3
Hello,

it is interesting that you are looking for the "fault" exclusively with the architect ...


Why did you inform the architect so late?


Normally the energy saving ordinance certificate is not created by the architect but by the structural engineer; having a few days of "leeway" would therefore have been important.


I don’t know how long the bank’s offer has already been valid, but banks also know about the processes/times/duration of construction-related documents.


Honestly, I wouldn’t know why anyone should bear responsibility for the time pressure you yourself caused? People make mistakes – I assume you do too. If compensation were demanded every time, no one would be crazy enough to start a project at all. Would you?


Why don’t you talk to your bank and try to reach an agreement with them? They also know that mistakes happen – form 153 (even if not entirely correct) was submitted on time; an amendment should be possible in my opinion. If the bank can let the 500 € slide, they will “be able” to accommodate you. Of course, if you already had the bank’s offer on the table for a while, you have only one chance: namely to write it off as life experience and pay more attention to deadlines next time.

Best regards
 

swelerle31

2012-10-08 13:12:58
  • #4
But doesn't an architect also have to do his work properly? And if he can't do it properly within the required time, say so? He had the commission for several weeks already, but until a few days before the deadline, we didn't push him, we waited for the calculation to be finished. I mean, every other service provider also has to take responsibility for their mistakes and can't just say "tough luck." So you also think that we just have to swallow this?
 

schubert79

2012-10-13 17:04:03
  • #5
hm, best to talk to the bank. Have you already signed anything with the bank?? Alternatively, compare us with another bank. Maybe you’ll make back the 0.30 then. In recent weeks, refinancing at the banks has become a bit more expensive because money market rates have risen somewhat. Maybe the bank is now trying to protect itself at your expense and wants to increase your interest rate.
 

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