Problems due to missing property map

Hello everyone,

I would like to hear whether, in your opinion, this is still going properly.

We bought a plot of land from [Imaxx] (not yet paid) which has now been fully developed. Theoretically, if the land were paid for, we could also submit the building application.

Now we have been waiting for about 2 months for a cadastral map/property map which has not yet been submitted to the [Amt für Bodenmanagement]. And this is where everything is stuck. In February, we already applied for construction financing, which has not yet been approved because this cadastral map is missing.

Now the notary will send us an invoice for the land in the next few days, and this must be paid within 2 weeks. Since without construction financing there is naturally not enough money for the land, we cannot pay this invoice immediately. It's a vicious circle, so to speak. Together with other landowners, we called the notary and explained the situation in the hope that they will show some leniency.

In the worst case, we would have to pay default interest or possibly even lose our land. Is all of this actually lawful? I find it questionable that the necessary documents are not provided to us in a timely manner.

Has anyone experienced this before and how should we proceed?

Thank you and best regards

Daniela

Why are the required documents not included in the contract? And why do you sign a contract before the financing is secured? If everything had been done correctly on your side, in my opinion this problem would not exist.

The notarized contract was already signed in October. However, the development was not yet completed at that time and the surveying had not yet been carried out. Due to a complicated property (from someone else), the entire surveying process was delayed. We did have a financing offer, but that doesn't help us. We need the money now. The fault definitely lies with the engineering firm that did not provide the necessary documents for the construction financing.

The fault lies with you. You signed a contract that you cannot pay. One always signs the financing first and then goes to the notary.

But we wouldn't have gotten the financing anyway without the [Flurkarte], right?

Why are you signing a notary contract if you do not yet have the [Flurkarte]? You could have at least had this map guaranteed to you in the purchase contract.