They also know why. Presumably, that would be a very, very short confrontation. That is why there will never be a Federal Court of Justice ruling on this. No bank is crazy enough, but you can "try" it, and there are plenty of borrowers who put up with it. It is indeed surprising.
And what do the borrowers do who don’t put up with it? What are "fair" conditions for commitment fees? Are they agreed upon in advance? Do banks negotiate on that?
One more question for understanding:
- for drawn amounts, I pay the normal agreed interest
- for undrawn amounts, after time X, I pay commitment fees (usually 3% p.a.)
- repayment starts when the loan is drawn 100% or the remaining amount is waived.
Is that correct?