Exclusion of funding / Purchase contract signed before KFW grant

  • Erstellt am 2021-10-12 11:27:03

Kfwwahnsinn

2021-10-12 11:27:03
  • #1
Dear Forum,

we are very perplexed because from our point of view we are being excluded from the KFW grant 461 through no fault of our own, due to a formal error:

I bought a condominium in a new residential complex for personal use. The incentive was the KFW grant promised by the developer, which was also the basis for the financing with the financial advisor. All steps for the purchase were discussed with the advisor. He contacted the bank, etc., and factored in the grant and accordingly deducted it from the required loan amount.
The bank approval came, construction financing was signed, notary appointment followed. Notary appointment done, construction financier says: "You will receive mail from me in the next few days with the documents for the KFW application grant 461."

Ok. Mail does not arrive, call to construction financier, question where documents are, reply email received with a link to the KFW portal, with the information that one must submit the application oneself. Said and done, and during the call the KFW bank was stunned. Result according to hotline: You are excluded from the grant because the purchase contract has already been signed. End.

We are at a loss. The construction financier clearly gave us incorrect advice here. Whether out of ignorance or forgetfulness is unclear.

All attempts to get goodwill from the KFW bank have so far been unsuccessful. It’s about €27,500.

What else can be done in this case?

We were advised to cancel the purchase contract by mutual agreement at the notary. Then submit the application, then buy again. The strange thing is that all applications for the already sold units in the residential complex were approved by KFW. The building is also already 80% completed.
What can we do? We don’t want to pay endless amounts to the notary back and forth….must the advisor be liable for this? His insurance? (Proof in the form of emails is available)

Thank you very much for your help!
 

Tom1978

2021-10-12 11:46:41
  • #2


Have you spoken to the construction financier since then? What does he say about it? Otherwise, I would probably contact a lawyer and discuss everything / gather information. Are you a member of the builders' association or builders' protection association? Maybe they can already tell you something/help?
 

hampshire

2021-10-12 12:14:15
  • #3
Tough luck - as a fully legally competent person who can buy an apartment, you are, of course, first and foremost responsible for your own decisions. Whether you can hold someone liable is questionable, unless there was deception involved. The solution to cancel initially seems cheap - carefully check what consequences that has and do not rely on the statements of others - lest the KfW still has further exclusion criteria in the conditions. For example, a waiting period after a rejected application or any assessment of the attempted purchase as property acquisition.
 

Tom1978

2021-10-12 12:19:04
  • #4


You are right. We also wanted to possibly change our application, and when we inquired at the KfW, we were told that withdrawing the KfW application results in a six-month blocking period.
 

In der Ruine

2021-10-12 12:22:32
  • #5
Are the €27,500 a KfW loan or a grant?
 

Tom1978

2021-10-12 12:26:24
  • #6
See the first post. It says 461 grant :cool:
 

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