Is a "pre-acceptance" meaningful, or are we committing to something?

Our semi-detached house is practically finished, only the brick-built double garage is still pending. This will definitely cause the developer to be in delay. And now the agreed date is approaching. The developer has now asked us for a "pre-acceptance" of the semi-detached house. However, I do not want to carry out an early partial acceptance of the semi-detached house. Am I committing to anything by the pre-acceptance? I would actually like to carry it out now to avoid losing time again. What do you think?

The developer has now offered me a partial acceptance,

But I do not want to carry out an early partial acceptance of the semi-detached house.

Just to clarify: partial acceptance means only by mutual agreement, because then the warranty period begins. Both must agree.

The developer has now asked us for a "pre-acceptance" of the semi-detached house.

You didn’t want a partial acceptance, now the contractor comes with a pre-acceptance … I do not see the difference. An acceptance is a legally secure act; you can still imagine something under partial acceptance, especially in your situation with the missing garage … what consequences would a _pre_ acceptance have that differ from _partial_ acceptances?

For that I should pay the remainder, minus 50,000 €, which will then be due upon acceptance of the outdoor facilities and the double garage.

I find that logical and see no problems there. I also did not respond to your first thread, because of course some legal certainty is lacking and I do not at all agree with the answer from 11ant. But that does not mean anything. I have built myself and dealt somewhat with acceptance back then. Theory is very patient, and therefore in your place I would accept the house, with documentation and all risks as well as opportunities, to finally be able to move into the house. It is not proportional to leave the house unused now until the garage is also built. That can still take months with the municipality, the developer’s hands are essentially tied, and it would be a lose/lose situation for both of you instead of win/win. Money/move-in… you have to hand over money anyway, a delayed move-in or takeover costs double burden and your exhaustion. In my view, there is nothing positive about that. Do the house acceptance, have it documented accordingly (which is required anyway) and look forward to the first night in the house – that works even without the garage. The garage will come later.

I would appreciate it if you would open only ONE thread for ONE problem – even if it may have several facets. Even for fellow discussants with an 11ant-level memory, such half cross-postings are unnecessarily exhausting.

Our semi-detached house is basically finished, only the masonry double garage is still taking time. This definitely puts the developer in delay. And now the agreed date is coming up soon. The developer has now asked us for a “pre-acceptance” of the semi-detached house. However, I do not want to carry out an early partial acceptance of the semi-detached house. Do I commit myself to anything by the pre-acceptance? I would actually like to carry it out now so as not to lose time again. What do you think?

I don’t understand you in two ways:
on the one hand, not your attitude, because in the original thread you said you did not have high moving pressure;
and on the other hand, I don’t understand your problem because you somehow always manage to express it unclearly. What is this actually about: are
a) your house connections / house entries not present at all or do they have to be dismantled / relocated or
b) is it the lines for the rest of the street that lie under your planned garage due to coordination misunderstandings?

I also did not give an answer to your first thread, because of course a certain legal certainty is missing and I do not agree at all with 11ant’s answer.

Please describe the difference in our viewpoints more closely. I said: 1. the fault was made by the developer and his vicarious agents, the original poster bears no recognizable fault and no obligation to mitigate damages; 2. if he accepts a withholding that does not exceed his costs for a substitute performance, he risks having to implement such a substitute performance.

If it is now the case that the work is largely complete (house with permanently functioning connections ready for occupancy) and only the secondary matter (garage) is still pending, I see neither reason nor cause nor even justification to refuse acceptance by an acceptance procedure with the accordingly recorded result. Then I only recall my note on the causal connection between a pressure surcharge and the expected waiting time until the agreed overall success.

If, however, the house is not really completed and ready for occupancy (because the connections still have to be switched over), I accordingly still see no capacity for acceptance given.

The developer has now asked us for a "pre-acceptance" of the semi-detached house.

What did you decide on?