What legal protection is available during warranty/builder's insurance?

  • Erstellt am 2016-05-24 13:34:21

fraubauer

2016-05-24 13:34:21
  • #1
Good day. I want to protect myself against defect issues during the 5-year warranty period. I am buying a turnkey condominium. My legal expenses insurance (private, contract) probably does not apply here. I have heard of a builder’s insurance (even though I am not the builder myself and the building is already 99% completed). Which legal expenses insurance (provider) should I take out here? Many thanks, erika
 

HilfeHilfe

2016-05-24 14:19:46
  • #2
I believe such an insurance is not affordable
 

Payday

2016-05-24 14:36:55
  • #3
There is no legal protection for new construction or it is not affordable. The probability that something would go to court with insurance is nearly 100%.

I have an expensive legal protection insurance and it did not even want to cover a clear contract law matter for the entrance platform.
(the company offered us the prices net, although we presented ourselves as private individuals and wanted the prices gross = in the end 900€ more than previously demanded as the max price // if I say I want to spend a maximum of 2000€ as a private person, he cannot come up with a 2900€ invoice)
The insurance did not want to cover it, even though it is ONLY about contract law and the purchased item would basically be completely irrelevant. But an entrance platform belongs to the house and thus is not insurable.
 

Caspar2020

2016-05-24 14:44:03
  • #4
It is definitely worth considering extending the current contract to also be insured as an owner. For example, condominium owners can be drawn into legal disputes for many reasons or even have to initiate one themselves. It may become necessary to challenge resolutions of the condominium owners' association that one considers unjustified – for example, because they do not comply with proper administration.

One can also join an interest group that also offers legal protection (e.g., [Haus & Grund Eigentümerverein]).

However, these are matters that require legal advice in normal operations.

ARAG also offers a real estate legal protection insurance that includes builder’s legal protection (included in the premium package):
Builder’s legal protection insurance coverage exists for the assertion of legal interests in disputes related to the purchase of a building plot, a conversion, or new construction (waiting period 6 months). Examples: disputes with the building permit authority, the developer, the architect, or the craftsman.

However, at this point it is already a bit too late (because of the waiting period)...
 

Caspar2020

2016-05-24 14:46:02
  • #5
In addition, you could have also used the following service:

ARAG Bauherrentelefon und Bauherren-Service
If desired, a specialized lawyer supports you in all construction situations. In addition, you can check the creditworthiness of companies and craftsmen before awarding contracts.

But that is already too late now.
 

Otus11

2016-05-24 15:04:02
  • #6


... and moreover, the hint is wrong here anyway, because as a (future) condominium owner you are not the builder. That is the developer.
 

Similar topics
16.06.2011Conclude a construction contract under reservation?10
13.06.2015New construction with developer / construction drawing documents23
15.03.2016Developer changes plot size25
10.09.2016Construction financing and contract with the developer24
21.07.2017Buying a terraced house from a developer - contract content?71
30.12.2017Take over the insurance from the developer after handover of keys?15
29.05.2018Buying a house from a developer - required documents33
30.08.2019Must developers indicate immense embankment height/costs?12
04.03.2019Client-side while building with a property developer16
06.01.2020House purchase, prefabricated house from the developer with land10
13.07.2020Developer does not want to offset lump-sum damages with installments19
24.06.2021Enlarge the garden terrace directly in a new building?16
08.12.2021Would you build yourself again or use a developer?31
16.04.2022Which air-to-water heat pump is suitable for new construction?13
01.07.2022Painting work in new construction by own effort27
15.12.2022Planning guest WC in new construction - How big should it be? (DIN?)107
10.04.2023Renovate an old building or build new? Experiences?35
22.12.2024Floor plan changes for end-terrace house from the developer133
25.12.2023Behavior in case of imminent delay by the property developer48
17.01.2025New construction - now or wait? Experiences?71

Oben