Defects discovered after acceptance

Hello everyone,

First of all, thank you very much for the responses....

I recently bought a 4-room new build apartment with a garden in Ulm. I moved in September 2011. However, the handover was carried out in March 2012 because various construction works still had to be done throughout the house. At the beginning of April 2011, my lawn in the garden was leveled by professionals and then hand-seeded with grass seed. Now, after 6 weeks (as of mid-May 2012), the following picture can be seen in my garden: 1. The ground is uneven (bulging) 2. Many bare spots (areas without grass) 3. Thuja trees: about 90 out of 100 trees show signs of drying out.

Now the developer came with his architect for inspection. Result and decision: No defects detected.

What are my rights here and what can I actually achieve in such a case? I wanted to ask for experiences and expert opinions here first before unnecessarily going to a lawyer.

Thank you very much

Hello,

I recently bought a 4-room new-build apartment with a garden in Ulm. I moved in in September 2011. However, the acceptance was carried out in March 2012 because various construction works still had to be done throughout the entire building.

The acceptance was in fact and reality carried out by moving in in September 2011.

3. Thuja trees approx. 90 out of 100 trees show drying out.

You’re not seriously trying to tell us that 90 Thujas were planted on your garden plot?

Now the developer came with his architect for an inspection. Result and resolution: No defects visible. What are my rights here and what can I actually do in such a case? I wanted to ask here first for experiences and expert opinions before running unnecessarily to a lawyer.

Mpmpf ... sometimes ...

Why don’t you first go the logical way and check what the planting arrangements in your notary contract say and have a conversation with your developer based on that before asking about your "rights" (no one can know here, as only you know your notary contract)? I am quite sure that on the friendly - also called goodwill way - quite a lot can be resolved. By the way, legal advice in Germany is exclusively reserved for the legal professions!

Kind regards

Defects after acceptance ;) haha. As the construction expert already says, what does the contract say? I strongly suspect that it does not say anything about a gardener coming weekly? Then one could also say YOU/you have not properly carried out the maintenance of your "house component"?