Construction company demands fee for KfW online confirmation in new building

Good evening everyone,

I am new to the forum and hope you can help me with my concern. Unfortunately, I could not find a similar case using the search function.

A few weeks ago, I was specifically interested in a planned new semi-detached house, which according to the construction company should meet the requirements of KFW-55. The real estate agent and the developer recommended a service provider for arranging financing, whom I then contacted.

The responsible consultant requested various documents about the property for a loan including KfW funding – which I in turn requested from the construction company. Among these documents was the KfW online confirmation (so-called confirmation for the application (BZA)). The developer briefly mentioned to me in a general phone call that the application process would involve costs. However, these would only be due if no contract was concluded. I assumed this was a small amount and did not give it much thought. I also did not give him explicit consent on the phone. In any case, I received the form a few hours later.

Unfortunately, the financing did not work out. Two weeks later, I found an invoice for €351.05 from the construction company in my mailbox. They are charging a fee for filling out the online form. I then wrote an email to the developer stating that I would not comply with the demand, as there was never any agreement. If he had told me on the phone that it would cost about €350, I probably would have hung up immediately. Today, I received a letter from a law firm. They are demanding that I pay the amount plus €70 in legal fees.

Has anyone had similar experiences and can tell me whether the construction company is entitled to the claim?

I am not a lawyer, but I believe that the construction company is obliged to provide proof as a prerequisite that the new building will meet the Kfw55 requirements.

Thank you in advance!
Cango30

You have "inquired"... in what way? Did you say: I want..., then you gave them an order.
How exactly this conversation went, only you can know – at least the request was apparently clear enough that you received the invoice.
Did you use this invoice?

I think it is indeed annoying when costs arise, but that’s just how it is: request, order completed, invoice.
No harm done, as the saying goes.

Regards, Yvonne

Hello Yvonne,

thank you for your response. As mentioned, I had a concrete interest and would probably have purchased the property if the financing inquiry had been positive. I requested from the developer the documents that the credit institution needed for verification (e.g. exposé, draft of the contract for work and services, etc.). All documents that the developer must provide, otherwise no verification would have been possible. After all, he wants to sell something.

Since the exposé states that it is supposed to be a KFW-55 house and the financing was also supposed to be set up accordingly, the credit institution demanded this form. It is a standard form that the KfW requires for verification.

I'm not a lawyer but if you have requested all documents and allegedly refused the online confirmation for the program, it seems not very credible to me... I wouldn't risk it but pay. The developer seems willing to enforce his rights legally

Hm, well, ... numbers will be the easiest thing (time, costs, effort, ...).

I don’t find it justified. If the developer issues the KfW form for 350 euros to every interested party in projected semi-detached houses, the revenue is not proportionate to the actual costs incurred. But a trip to the lawyer won’t be worth it for you with that amount...

At least now you know how things work and in the future you will ask much more precisely or say loud and clear on the phone "I will not pay for the form." (You might not get it then, but there are other developers as well...)

I would pay that as well, after all you gave the order for it by phone. That you assume it is a small amount cannot be inferred from your "conversation record," secondly, that is irrelevant. If you do not ask about the costs, that is not an argument against the invoice.

On the other hand, I am surprised that the financial service provider wants the online confirmation for a financing request. Our bank was satisfied with the fact that the KfW standard, which will be included in the price, was stated in the construction service description. The online confirmation only became necessary when the financing was commissioned.

And by the way, this confirmation only cost us around €180, but it was already included in the overall contract.