Floor plan changes for end-terrace house from the developer

  • Erstellt am 2023-04-25 19:30:53

11ant

2024-03-14 20:07:21
  • #1
Hasty decisions help no one. An insolvency administrator typically has never seen the company to be managed from the inside before. I can still remember my beginning as a restructuring managing director: for every question I asked about how things had been done in that place so far, I received answers that very often contained the word "actually" as a very essential component. You have to move every cabinet individually to see what has/is fallen behind it. In your case it will go faster because, in my assessment, it is a properly managed company. The typical insolvency debtor company would get a straight six in ISO 9000.
 

mayglow

2024-04-17 19:11:31
  • #2
Was thinking about whether to wait with an update. But I’m afraid that soon there will be so much to tell that my posts will become endless ;) So I wanted to take you along a bit over the past month...

Basic facts:
On 01.04. the official insolvency proceedings were opened. (So it’s no longer preliminary). We had roughly heard that this was planned after inquiries, but there was no official information. By the way, not even after it was opened. No circular from the insolvency administrator, no circular from Tecklenburg. We basically read it on insolvenzbekanntmachungen dot de and in the press.
Well, anyway. At the end of March, in exchange with another project (apartments in Düsseldorf), we learned that they were moving forward. We also found out from the press that solutions had apparently been found for a few other projects as well. That gave a little hope that it is probably only a matter of time for us too... When we ask, we only get the same information we’ve gotten since January: talks are ongoing with investors, but they can’t tell us anything yet. Our contacts at Tecklenburg were basically all terminated or they left themselves around the time of the insolvency, but we do have a new old contact person (who was actually listed with us for a long time as a second contact in the project, but we hadn’t really had contact with him yet). We wish our old contacts all the best and continue to wait.

Last week we wanted to talk to the lawyer again about whether we should now request a decision from the insolvency administrator regarding contract continuation or not and what an appropriate deadline would be. It was almost a bit of a dispute, which was also because sometimes we talked past each other (oops :D). We actually agreed: for us it is probably better if Tecklenburg continues building. The lawyer’s opinion was (in my words) that we should give the insolvency administrator more time and rushing anything won’t help anyway. We also talked a bit about contract deadlines and whether we should do anything if they expire, but the general opinion was that it doesn’t make sense right now. We remain a bit frustrated that we can do so little, but okay. But almost simultaneously with the conversation, we also got the information on the side (via neighbors) that there would be an update from the insolvency administrator this week. (Yes, the nice flow of information...) Nobody really knows anything, but I think everyone had a quiet hope that the investor and/or bank talks were successful and building would continue. That was quite the assessment, because our row house block is already so far along. Tecklenburg also wanted to get in touch this week.

Today we got a call from Tecklenburg: the insolvency administrator is not taking over the contract. They wanted to inform us personally before we received the letter from the insolvency administrator. So much for “we’re already so far along, they will surely finish it!”. We had also asked whether a solution was attempted just for our construction phases or only for the entire project. The answer was that the focus was probably on the two already started construction phases from the beginning (both are quite advanced, especially ours). Well. The land and house will probably be transferred to us in their current state and Tecklenburg will probably provide us with all the information around it as best as possible (building plans, also a list of the companies originally planned for the trades, etc.). Everything else will probably have to be clarified in the next few weeks somehow. Our heads are spinning today with all sorts of questions that no one could answer so far ;)

But well, ultimately we always said that if it comes down to “no, Tecklenburg will not continue building,” we’d rather have that clarified as early as possible. Now we know and we’ll have to sort ourselves out a bit in the next few days.

What’s going through our minds right now? Questions like how the formal process will actually proceed now. Also a lot of sorting out what still needs to happen in the house before we can move in and how to organize that. (I think we will first contact the companies that were planned anyway according to Tecklenburg, but it will still be exciting). So it will somehow become a big list of trades, getting offers and then also reconsidering if we want to change some things or try to do them ourselves. We also still have to inform the bank, even though they said it will continue in a similar way if we continue building ourselves (submitting invoices etc.). We also have big question marks about what exactly the current state of infrastructure is, because that was never really the main focus of our considerations so far. (What happens in our own house is just more interesting.) So we have seen here and there that pipes were laid or something like that. Our private street also got a bitumen surface shortly before insolvency. But what was supposed to become the public dead-end street and access to the private street is definitely not finished yet. We only have the info that the city apparently has a guarantee for the infrastructure that it can fall back on (but the city is not known for flexibility and speed...). There is a tiny hope that all utilities at least reach the house, but we don’t actually know for sure right now. Somewhere far in the background – low priority – there is of course also the question of what will happen with the surroundings. So the construction phases not yet started etc. (There’s supposed to be a playground too...) Presumably they will try to “utilize” the plots, so sell them. That’s not a high priority for us, we can’t do anything about it anyway, but it’s kind of in the back of our minds. Oh, I just remembered that we’ll probably also need builder’s insurances then? That will definitely be interesting. As I said, these are the thoughts swirling around...

TLDR: It will not be continued with Tecklenburg. Everything else? We’ll see.
 

kbt09

2024-04-17 22:33:32
  • #3
I wish you all a lot of good nerves and composure. And have everything checked by the lawyer and maybe also try to find people in your circle of acquaintances who are familiar with the basic issues of insolvency, construction, etc. But always carefully assess who really has what knowledge. And, as much as you may be in a hurry, better look at a decision five more times from all sides before deciding too quickly. Toi, toi, toi
 

mayglow

2024-05-15 22:32:03
  • #4
Yeah, what's up? Not much?

On 04/29, we received an email from the insolvency administrator stating that he is not entering into our contract. Oh yeah, and by the way, we can register claims in the insolvency table. (Something like that). The regular deadline for registration in the insolvency table was actually 04/30 (yes, that's the day after).... We tried to register something, but in the short time it was only very rough layman estimates. We don't expect that to withstand any review and even if it does, we will probably only see fractions of it. Well, we tried. Theoretically, you can also register later, but then you probably have to pay the costs for the review in case of doubt. Someone said it’s not that expensive, but who knows. There were also errors in the non-entry letter and we are still waiting for the second correction (the first correction was even worse because suddenly the contract number from the notary contract was wrong).

According to the notary, he now needs a release from the insolvency administrator and then the house could be transferred to us. We are still trying to find out at the insolvency office what needs to happen for us to get it, but it’s very tedious to achieve anything there. So far, we have mainly tried to be nice and friendly by phone and in writing, but the next letter will probably have to go through a lawyer. None of this helps.

From Tecklenburg, we have now received a list of the project participants/planned companies and they are also letting us onto the construction site (or maybe we will somehow get a key soon? This is still being clarified). Together with the other buyers/future neighbors, we are currently going through the list and trying to get offers. We were also in the house today with a building surveyor (he will prepare a report for us). It’s always a bit sad. Otherwise, my mood swings between "it’s almost finished" and "there's still a lot missing." I think what worries me the most is the connection situation. But actually, we can’t really do anything until the house is properly transferred to us. So for now, it’s still somehow requesting or knocking on doors under reservation to see if we can possibly do anything now. Like, tomorrow we’ll talk again with someone from insurance about builder’s liability (but maybe that only works once we are registered as builders); we wanted to clarify if it’s perhaps possible to apply for construction power now (that also seemed difficult so far, but we’ll see). We are looking for a construction manager (we need him to register as builders with the city), and so on and so forth. But in many cases we already depend on the house and property belonging to us before anything can really happen. So right now it’s mostly just knocking here and there so that it might go faster once we can REALLY start.
 

mayglow

2024-06-03 19:06:11
  • #5
It drags on worse than chewing gum.

Short update: Shortly after the last post, I had contact with one of the lawyers from the insolvency office. He said they are currently having the notary check whether they can simply release the existing priority notice of conveyance or if a new one will be set (or something like that) and wanted to get back in the following week (May 20th/21st). Of course, that didn’t happen. Sent a reminder email again today...

We would really like to get started, but we are still pretty much blocked because it’s not our property. With every inquiry we make, the question always remains, "Okay, and when can we start?" and the answer is like, "Well, if I knew that" :( The building surveyor also suggested that we could meanwhile draw up a notary contract with the insolvency office stating that everything we do from now on that increases the value would not be part of the insolvency estate.... But it’s not like that would make anything significantly faster (aka every question in that direction has also been ignored so far).

Oh well, insolvency is really no fun.
 

ypg

2024-06-03 19:23:05
  • #6
Oh man, I'm really sorry for you.
 

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