Right to information from the notary even after purchase?

  • Erstellt am 2018-04-14 23:19:32

Spunk

2018-04-16 14:02:25
  • #1
OK, I didn't look at the old post... then only a lawyer can really help.

Because the 10m should be stated somewhere. If not, you have to dissect the notarized contract. Well-intentioned is by no means well done, or something like that.
 

DReffects

2018-04-16 23:41:25
  • #2


Well, I have already consulted two lawyers for an initial consultation regarding this matter. Both times, the result was more or less "Hmm, it doesn’t look like it has to be paid, more likely after a comprehensive contract review" – and for that, figures of €2,500 and €3,000 were mentioned as rough estimates.

Of course, I also want to keep costs low. That’s why I’m trying to clarify the situation as precisely as possible on my own. If I commission the contract review, it will not be billed according to the amount in dispute, but according to the effort (quite unlike a lawsuit for payment). If I have the contract and statutes carefully reviewed in detail now, I might as well pay the bill immediately. ;-)
At the latest when the civil engineer files a lawsuit, they will have to justify their claim – and then the billing will be according to the amount in dispute with the lawyer, and at this point a contract review will inevitably become necessary.

That’s why my hope was pinned on a possible right to information against the notary – because he has already been paid. Apparently, this does not seem possible now.

I actually see only two options for myself here:
- Commission a lawyer to examine the matter in a legally binding manner in advance (but then I might as well pay right away, cost-wise)
- Wait to see if a lawsuit is filed and have the justification of the claim reviewed according to the amount in dispute

Or is there a third option C? :)

At this point, a heartfelt thank you for your patience! It’s a complicated circumstance – I’m not happy about it myself, as everything currently looks very much like a collusion between the municipality and the construction company. That’s not what you want at your new place of residence...
 

Joedreck

2018-04-17 06:27:14
  • #3
So with us it is also common that the provider, with you the municipality, has a partner company. Last year I had gas installed in the house. The invoice came from the provider. The construction cost subsidy and the manufacturing costs had to be paid. Construction cost subsidy is the contribution to the pipe in the street. But with us it is regulated in the supply conditions. It is possible that the municipality acts separately with you. Once as a seller, i.e. as a corporation, and once as a provider, a public company. So it can be very complicated. Does nothing in the supply conditions state anything with you? I suspect they have messed up with terms like house connection etc. Because the main shut-off device is the one in the house at the transfer point.
 

Zaba12

2018-04-17 06:54:20
  • #4
Option C would be to swallow the bitter pill and pay the reduced fee that the municipality has offered you. You can't expect anything from the notary. If you want to take on the municipality, you should do it collectively. So gather all affected builders, feel out what they want to do, and coordinate the whole thing. If it's too much effort for you, better to pay.
 

Alex85

2018-04-17 06:55:23
  • #5
It is normal that they have "partners." Otherwise, they would have to obtain comparative offers for every measure and would have difficulty offering flat rates for connections. Such a framework agreement was certainly properly tendered and then runs for a few years.

It really sounds as if they got mixed up in their statutes. It seems undisputed that they generally pay for the connection, but the 10m limitation is probably nowhere anchored. Neither in the purchase contract nor in the corresponding statutes.
What do the other builders do?
 

ypg

2018-04-17 09:20:33
  • #6
I also believe that the municipality is poorly advised with its general contract. The terms there are not correctly named, or are too general with slashes.

And as Alex also says, there are contract partners at the municipality as well...

And I experienced further above that you read out the house connection even though you marked the property connection ;)

Accept the offer. That is the most reasonable and also the most logical... house connection box it off... it may be that you will face such situations more often.
 

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