No good cooperation with the bank -- reason for termination?

Hello, I have to say I am very dissatisfied with our financing bank. I hope someone can give me some advice here. Our building permit is already available and we could actually get started. However, the developer requires financing confirmation from the bank. This is basically just a form that the bank has to fill out and hand over to the developer. But exactly that is not happening, the bank has still not managed to fill out the form to this day. I have already called several times and sent emails. But nothing is happening. The financing contract is of course long signed. We even pay standby interest from September and in April the land was paid for with the money. Yesterday I received mail from the developer stating they will not start construction. We are extremely angry with the bank. Today I wrote a letter setting a deadline for the bank by which the confirmation must be with the developer. Suppose the bank does not respond to this. What can I do? I have threatened with a lawyer if the form is not with the developer by next week. Could one terminate the contract because of this? We would like to switch to my main bank.

Withdrawal will no longer be possible. The contract is set. Have you tried it with a written letter? Emails are often "overlooked" or skimmed over. Sad that not even the caseworker handles the appropriate document during the phone call and sends it by mail. Reminds me of my last loan bank, which, even more than 3! months after selling the property, did nothing except give me a different caseworker name with every call. Back then, I collected over 15 names and phone numbers. I would say, only a written threat helps, stating that consequential costs will arise that the bank will have to bear. Either do it yourself (if you can or have some experience with factual demand letters with immediate deadlines and corresponding legal grounds) or hire a lawyer.

Hello

annoying! Especially since payouts will have to be made then! Which bank is it?

If emails, phone calls, letters don't work. Call again and ask for the supervisor! Every large institution also has a complaint management. You just have to push for escalation persistently.

Unfortunately, you won't get out of the loan agreement.

I don't understand the problem. The bank has committed to the financing and that is that. Copy of the contract to the [Bauträger] and that’s it. Why should the bank confirm again that it will provide financing when the contracts are already signed? The share of the total amount to be provided from equity anyway cannot be confirmed by the bank. So don’t complain, but act pragmatically. If that is not enough for the [Bauträger], then you should rather change the [Bauträger], since the bank has at least fulfilled its part (= financing) and even parts of the loan have already been disbursed.

No, nordanney, you do not understand the problem because your Bu/Gü (wat weiss immer) does not request this document. Nevertheless, this document "Finanzierungsbestätigung" is a common document through which the construction contract company receives a guarantee of a corresponding amount. The client thus assigns the loan or a certain amount to the construction company. This is completely common, and some construction companies accept this document as part of the contract.

No, nordanney, you do not understand the problem because your Bu/Gü (wat weiss immer) does not require this document.
Nevertheless, this document "Finanzierungsbestätigung" is a common document through which the construction contract company receives a guarantee of a corresponding amount. The builder therefore assigns the loan or a specific amount to the construction company.
This is completely common, and some construction companies accept this document as part of the contract.

A financing confirmation – and that is what the original poster wrote in his post – is normally no longer necessary. The assignment of the payment claim is, however, a different matter (even if the construction company benefits nothing if the builder does not meet the payment conditions – the construction company has proper security only through a payment guarantee from the bank, which again costs money) and has nothing to do with a financing confirmation.
I am very familiar with these documents, as I have personally issued countless financing confirmations, etc. If I – from my experience as a banker – am to assign my payment claim, I would also like to have a performance guarantee or similar provided by the construction company. Otherwise, it is a very one-sided matter.