Documents are missing for the first partial payment

  • Erstellt am 2020-02-05 20:24:35

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:


    [*]"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.
 

Flocko1

2020-02-05 21:19:45
  • #2
Hello, have you received a financing confirmation from the bank?
 

uti-pepe

2020-02-05 21:22:02
  • #3
Of course, the confirmation was already given in October.
 

hampshire

2020-02-05 21:41:43
  • #4
Yes, that is annoying. There is absolutely no reason for that. The others are behaving correctly and according to the contract. You are phrasing that very distantly and vaguely. Do you mean the financing contract or the construction contract? Where should the fault lie with one of the contracting parties? It looks that way. You signed contracts and took the timing into your own hands. That doesn’t work out now and it costs money. Why should anyone take responsibility for your decisions?
 

uti-pepe

2020-02-05 21:50:28
  • #5
... why should I pay "penalty interest" if the developer/notary fails to obtain the documents and submit them on time? The aforementioned documents must be provided by the developer/notary...
 

hampshire

2020-02-05 22:19:59
  • #6
It would be extremely surprising if you had received a confirmed date for the completion of all entries and documents. You made an estimate of how long it would take and were mistaken. This happens to all of us repeatedly and is no flaw. Simply take responsibility for it, learn from it, and move on. The game "Schwarzer Peter" is an increasingly popular sport. You are in good company if you want to play it. It’s not my thing. Furthermore, I consider it unwise to approach the developer with questionable demands right at the start of the project. You risk a stressful construction phase by squandering all willingness to accommodate right at the beginning. It only takes a "Bruder im Geiste" to be involved... And you certainly cannot approach a notary because of missing documents.
 

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