KfW BEG funding stopped 261, 262, 263, 264, 461, 463, 464

  • Erstellt am 2022-01-24 09:48:19

sysrun80

2022-04-07 11:39:34
  • #1
As an addendum: If one is affected now and signs a new contract relying on funding, the same clause will be included again.

Since I assume that after the funding pool opens, it will be exhausted again very quickly, we have decided not to apply for funding. Otherwise, if we do not get it, we will be left without a contract again. Nobody knows yet how things will proceed with the complete revision at the end of the year.
 

Tassimat

2022-04-07 11:39:49
  • #2
Interesting, thank you very much. And what is the actual wording in the contract then? What does it say, for example, in the exact wording?
 

Joedreck

2022-04-07 11:43:47
  • #3
That is clearly a clause that had the protection of the builder in mind. Not a single person who depended on the funding will be unhappy to have a void contract. That protects against financial misfortune. No one here would have complained about the consequences for the GUs. Now one is burdened by the clause oneself, and suddenly the tide turns.

It is always astonishing what a sense of entitlement sometimes prevails in this country. It feels like everyone thinks they know their rights, but no one knows their duties. By the way, belonging to the duties is also to obtain information. From the side of government authorities, everything was always accessible. Only no one anticipated the actual rapid funding stop. One can perceive that as unjust, unfair, or whatever. Whether it is so in the legal sense remains to be seen.
 

sysrun80

2022-04-07 11:46:50
  • #4


I will not reproduce the exact wording here.

In our contract it states that if the funding is denied, this condition occurs. However, it also specifies exactly what the funding looks like: EH40 Plus - 150,000 loan with a funding rate of 25%.

According to our general contractor, the resolutive condition has now been met because the "specifically named requirements, such as the expected funding amounts," can no longer be fulfilled.

Unfortunate situation.
 

Tassimat

2022-04-07 11:51:10
  • #5

Well, but there was no rejection notice, right? Therefore, the resolutory condition would not be fulfilled.

I don’t see "bad luck" yet.
 

sysrun80

2022-04-07 11:55:43
  • #6


The crux is that the conditions with the restart on April 20th and presumably with the reorganization at the end of the year can no longer occur! Legally, one can possibly take action against this / or not, I am not a lawyer.

Aside from that: companies currently have immense additional costs and it’s not getting better. We also hoped that we would still get the old conditions. But: What do I prefer – a general contractor who then has to calculate tightly and basically saves things here and there covertly and uses cheap material or or or.

I will now wait for the offer and see if we can meet somewhere in the middle. Currently, this is not fun for either side. But what good is a general contractor who is, for example, bankrupt in a year?!

I am now focusing my energy on a solution – there is no room and no money for lawyers – aside from that: If pressure is applied now, it can be assumed that the general contractor will rather refrain from a possible new contract.
 

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