No disbursement of funding - Tax office is slow

  • Erstellt am 2014-11-24 15:06:13

nordanney

2014-11-26 07:50:01
  • #1

Exactly right, it is the same with leasehold. Has a priority notice of conveyance already been registered? Has the leasehold already existed or does it still need to be created?
Have yourself advised very precisely by the banker (who knows what he’s doing!) AND the notary; that’s what they are there for and have probably already received a lot of money for it.
A procedure like yours is actually bread-and-butter business for banks and notaries...
 

klblb

2014-11-26 11:24:37
  • #2
You write that it concerns a total of 5 terraced houses. I assume that the other plots were also leased via a ground lease contract. How did the tenants there manage to get house financing from the bank? Was the tax office involved in that as well?
 

sophias

2014-11-26 12:19:56
  • #3
So, a priority notice of conveyance has not been registered so far; it is probably called something different in the case of heritable building rights, but I no longer remember the name. The heritable building right did not exist before; it was newly created. The property was a large, fallow area and was subdivided.

The 4 neighbors "allegedly" do not have this problem because they are not dependent on the bank from the start but cover the first installments through equity. However, I can only repeat what the construction company told us. Personally, I do not know the people yet. The other first 5 houses, which were already completed in summer, also did not have this problem because the tax office’s instruction (not to advance applications) apparently only applies since recently.

Honestly, at the moment I no longer know exactly where to start. Tax office, bank, notary, construction company? All at once?
Regards, Sophia
 

ypg

2014-11-26 12:40:11
  • #4


The notary must NOT, the tax office and bank can. I would personally ask the bank's caseworker to get in touch with the tax office.
Best regards, Yvonne
 

nordanney

2014-11-26 19:58:27
  • #5

Then why is even a part of the purchase price due? If no priority notice of conveyance is registered (this also applies to leasehold land registers), I wouldn’t pay a single euro to the developer (is it a developer or a general contractor / main contractor?), as I would have no security that I will ever become the owner of the plot. I can understand the bank in this regard. Without a priority notice, as a banker I would NEVER release funds. There will be no solution here – and rightly so!!!
Why is a payment due at all if there is no priority notice? Just trusting my gut, I’d say someone really messed up here. Payment of the purchase price without a priority notice is an absolute deal-breaker and I have never encountered it before.
What will you do if the plot/house is sold a second time and someone else is faster with a priority notice? In the worst case, you’re screwed.
 

sophias

2014-11-26 20:56:08
  • #6
No purchase price is due yet, but the construction company would like to start building. And then it will be due, in stages.
 

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