uti-pepe
2020-02-05 20:24:35
- #1
Good evening,
I have the following problem.
I took out a construction financing with DSL Bank in October,
in November I signed the contract with the notary.
I chose a 3-month interest-free period, since the foundation slab was already laid at the time of signing the contract.
In December, the first invoice also arrived, so far so good.
This has not been paid out until today, as according to the bank the following documents are still missing:
The notary replied:
"... that the application for registration of the division into condominium ownership could not yet be submitted due to the missing certificate of completion. Therefore, the land charge cannot be registered either; even a notary confirmation is premature."
Now I have to pay the provision interest, which annoys me a lot.
Can I claim these costs somewhere (developer/notary)?
In my opinion, the contract should not have been concluded like this. Or am I mistaken?
Thank you very much.
I have the following problem.
I took out a construction financing with DSL Bank in October,
in November I signed the contract with the notary.
I chose a 3-month interest-free period, since the foundation slab was already laid at the time of signing the contract.
In December, the first invoice also arrived, so far so good.
This has not been paid out until today, as according to the bank the following documents are still missing:
[*]"Excerpt from the partition plan regarding the floors in which the mortgaged condominium/partial ownership and possibly existing special usage rights (e.g. garage, not for basement) are located, final partition plan required, only the preliminary draft was available
[*]if applicable, release declaration, if applicable, surety according to § 7 Broker and Developer Ordinance and assignment of claims according to bank form and their confirmation (each in original) - confirmation from the developer is available
[*]official site plan with the building stock drawn in by the draft author
[*]land register excerpt after proper registration of the land charge/assignment (the bank receives it directly from the district court/land registry office) or original notarized rank confirmation
[*]final dimensioned floor plans including living space calculation created by the architect or developer"
The notary replied:
"... that the application for registration of the division into condominium ownership could not yet be submitted due to the missing certificate of completion. Therefore, the land charge cannot be registered either; even a notary confirmation is premature."
Now I have to pay the provision interest, which annoys me a lot.
Can I claim these costs somewhere (developer/notary)?
In my opinion, the contract should not have been concluded like this. Or am I mistaken?
Thank you very much.