Security retention of craftsman invoices

A lot of text, but whatever. I'll keep it brief.

Without objection to prior complaint.

So: I go to the bank and get my money. Immediately and directly. I allow the bank a processing time of one week.

No chasing after that.

And it says... valid until the return of the certificate, but no later than TTMMJJ+5 years

1. Wrong. Waiver of the defense of advance enforcement is not the same as [BÜ] on first demand. The waiver of the defense of advance enforcement only releases from a forced enforcement attempt. Read § 771 of the Building Code. That helps nothing if the existence of the debt is already disputed. So: defect or no defect is disputed.

2. Validity TTMMYY + 5 years only leads to an automatic expiration of the (guarantee) claims due to the passage of time. Whether the claim still enforceable before that is another question. The answer is no if it has expired. It still exists ("is valid") but does not have to be fulfilled if the guarantor does not want to. He can, but does not have to, because the defense of limitation already applies to the guarantor after 3 years.

Test question: You happily sue for 7 years up to the BGH. Is the limitation under your clause meanwhile suspended?

Oops, I mixed something up. I meant [Bürgschaft auf erste Anforderung].

Therefore, your test question is unnecessary...

OOPS, I totally mixed something up. I meant guarantee on first demand.

In that respect, your test question is unnecessary...

Not at all...
Default scenario in year 3+....?