German solid house insolvent?

  • Erstellt am 2008-12-07 19:00:12

Achim FFM

2009-03-07 10:55:54
  • #1
I am preparing a lawsuit against all current and former managing directors for damages due to fraud and deliberately caused insolvency.

What I am still missing is a contract of DM-Haus GmbH that was transferred to DM-Haus AG. The name and address of the affected client builder may be deleted here, but should be available later as a witness.

Grounds for the lawsuit:
In order to prevent an insolvency of DM-Haus GmbH, a DM-Haus AG was founded in 2009 by former managing directors of DM-Haus GmbH. DM-Haus AG, with the tolerance of DM-Haus GmbH, took over lucrative contracts and thus, intentionally or unintentionally, deprived DM-Haus GmbH of its liquidity.

If DM-Haus GmbH now goes into insolvency, one is rid of the debts and the game starts anew.

In every house that DM-Haus AG has taken over, there is also a calculated profit with which DM-Haus GmbH could have been rehabilitated, but that was evidently too exhausting for the gentlemen managing directors.
 

Achim FFM

2009-03-07 11:16:22
  • #2
DM-Haus AG Contracts Legal?? Part II

It is certainly to be expected that the courts will still have to make a ruling on the transfer of construction contracts from DM-Haus GmbH to DM-Haus AG.

One can very likely assume that this transfer of contracts will be declared invalid.

Since hardly any services have yet been provided by DM-Haus AG here, the still open question remains whether the client has a retroactive right of termination with DM-Haus GmbH.

The client who agreed to the contract with DM-Haus AG falls into the trap of the
insolvency administrator as he now has to pay the agreed contractual penalty, usually 5% to 10%
of the construction sum plus lost profits to the insolvency administrator.

What if construction has already started?? But the court declares the contracts invalid?? And now it gets exciting!!!!!!!!!!

The insolvency administrator now manages the started construction site, and once again the ones screwed over are the craftsman and the client.

So absolutely no contracts with DM-Haus AG should be signed.

I would also like to once again urge that contracts be terminated only with a lawyer.
 

Charlotte

2009-03-07 12:06:34
  • #3
Building Owner Emergency Hotline

Hello Mr. Nilson,
I have received the requested documents
Therefore, many thanks to you and of course also to Mr. Lutsch, who has been more than cooperative in this matter
Greetings from Berlin
 

lum

2009-03-07 13:59:07
  • #4
Hello. We are also the affected builders. We are not allowed to terminate without the approval of the bank. Can anyone help?
 

trilino

2009-03-07 14:19:11
  • #5
Hello. Your bank cannot forbid you to cancel. It has no right to do so. It can reconsider the contract with another developer / craftsman, but cancellation is free for everyone. For this, I ask you to read the very good text from [Bauherrennotruf]. Under no circumstances cancel properly, always cancel extraordinarily through a lawyer, otherwise it will become expensive.
 

Achim FFM

2009-03-07 14:35:50
  • #6
Do not terminate without the bank's consent.



Please have the bank put that in writing ha ha ha

In that case, the bank would have to cover the financial loss incurred by you.

That would be a significant advantage for you
 

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