Exterior plaster is uneven, window sills are too short, tightness of the ETICS (External Thermal Insulation Composite System)

  • Erstellt am 2020-12-30 23:02:06

Hausbau0815

2021-01-08 21:47:51
  • #1
Today is, for example, also one of those days that I would most like to check off/drink away or whatever. As I said, I don't like it though. On Wednesday, I received a lawyer’s bill that referred to a matter that was settled in Feb. 2019 and although we won full throttle in court, it was completely pointless, because the general contractor tore down his place and sold it to no man’s land. €129,000 goodbye. The general contractor renovates and happily continues with house 2 and 3.
And for that, the lawyer is now sending me his bill - for the enforcement of the court settlement from 09/19/2019. Mind you, only for the enforcement, he long ago received the settlement fees. When you review the whole timeline (I looked over all the documents again today to see on what basis this bill is founded) you realize how you were fooled from A to Z. By the general contractor, of course, by his lawyer, and nowadays I would almost say also by our own lawyer and the court. If the lawyer and the court had reacted a little sooner (it’s about a miserable 6 weeks), …… the world would be nice now and we would have a few less worries. But in this way, our general contractor was able to quietly bury his GmbH without any legal consequences. He must have laughed himself silly. More details under my thread: Das Fleischerhaus. Admittedly, the text sounds totally drunk, but it is simply frustration.
 

Snowy36

2021-01-08 22:30:42
  • #2
I will never understand why
it is allowed in [D] that they can just open a new place again
 

Hausbau0815

2021-01-09 07:02:55
  • #3
Me neither. But what surprises me even more is that a notary certifies the sale of a GmbH, when it is obvious that it is a GmbH funeral. The certification states that the buyer is not proficient in the German language. Although it is legally prohibited to sell an insolvent company, no one actually checks this. And in our case it was obvious. There are also documents showing that the general contractor had himself dismissed as managing director already in May 2019. So why can he still enter into a court settlement in September 2019 and issue invoices to us, signing as managing director?
 

11ant

2021-01-09 11:58:07
  • #4
Then he could not have done that. If he did it anyway, he committed fraud (and the complicity of the then current managing director could be examined). I would also sue the judge here – at least hold him liable for the court costs of the settlement. If it was already registered in the commercial register at that time that the managing director had been dismissed, the judge should no longer have accepted him as a representative of the company. For legal entities, which "themselves" cannot act, it is part of his duty of care to verify the authorization of the representative. He does not have to question an appearance (commercial register) – but if it already stated back then that Mr. X was no longer managing director, then from my point of view the judge would even have been aiding and abetting fraud.
 

Hausbau0815

2021-01-09 12:44:04
  • #5


Have you ever tried to sue a judge? :) I only saw the documents in January 2020, so after the sale. In my opinion, at least the lawyers of GU2 committed an offense, among other things because they postponed the dates until the mandate was withdrawn, so he had enough time to sell the thing.
 

11ant

2021-01-09 12:50:13
  • #6
I personally (not yet) have not, but I have heard of such cases several times. And official liability does not stop at courts either. Independence is not a free pass for neglected diligence (duties of care are not recommendations).
 

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