Developer does not want to offset lump-sum damages with installments

Is the flat-rate compensation also due if the construction contract is terminated by you? Off to the lawyer with you, don’t rely on lay opinions from the internet.

Is the lump-sum compensation also due if you terminate the construction contract? Off to the lawyer with you, don’t rely on lay opinions from the internet.

Well, it’s a developer contract and not a construction contract. At the moment, the land belongs to the developer. The options are: - just pay everything and hope for some kind of compensation - rescind the entire contract (which we obviously don’t want after 2.5 years of construction). In the latter case, one would also have to dispute whether one would receive any damages (for example, interest on committed capital). We’re going to the lawyer soon, I thought there were other victims who have experience with unscrupulous developers (who rebrand every few years). Thanks to you all!

Are soon at the lawyer,

With such delays, a visit to the lawyer is long overdue. As of now, it still looks lucky, but it could have turned out differently and who knows how much money would have been lost.

If we all pay up, we fear that we will never see the money and will be stuck with the additional costs we have incurred from 2019 until now.

If you don’t pay, however, the apartment won’t be finished, handed over/accepted, and you will not become owners due to the lack of ownership transfer. Complicated situation, for which I would definitely involve a lawyer (why haven’t you consulted one yet after 1.5 years of delay??).

Our property developer also wanted us to pay the full price back then and refund us the penalty later. Fortunately, our purchase contract stated that it would be offset against the installment. Does it say anything like that in your contract? I can understand your bad feeling, I would also be worried about my money.

Our developer also wanted us to pay the full price back then and promised to refund the penalty payment later. Fortunately, our purchase contract stated that it would be offset against the installment. Does your contract say anything about that? I can understand your bad feeling, I would also be worried about my money.

Unfortunately, nothing like that is in the contract. However, we received a letter from them with the invoice for the 2nd installment asking us not to reduce the invoice and to settle these matters (compensation for delay) mutually with installment 6. We are about to pay installment 5 (if the construction has reached this status), but we have already received an invoice for special requests "tiles" that will be implemented later. That would now be like an advance payment. They add that special requests cannot be offset against the "future compensation claims due to construction delays," as this is excluded from the proceedings (no idea what proceedings they are referring to). The purchase price installments have been assigned to their financier 100%. Furthermore, it states: "Disputes over compensation and guarantees (...) can only be conducted by the developer company after completion of the construction project."
So they are now excluding what they requested back at installment 2 (to settle matters with installment 6) again. Hence this absolutely bad feeling. We will be seeing a lawyer next week, who is already advising us on this matter. My intention was to maybe find like-minded people here. If I am a one-off case here, I am happy for everyone else! Until now, I only knew of such construction delays with projects like the Berlin airport.