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Construction financing

My wife and I signed the purchase contract for a semi-detached house (about 6 weeks ago). We had the verbal confirmation from the branch manager of the LzO in Bakum that the financing would not be a problem. Based on this, we signed the contract. However, it was later said, NO, there is no financing because I have only been self-employed since July 2009 and must show at least 9 months of self-employment. In addition, we have a loan with this bank (13,000 euros); we increased it by 9,000 euros, which was agreed upon with the branch manager and was supposed to be included in the house loan.
Purchase price 95,000
Additional costs approx. 11,000
plus loan 23,000
total financing amount 130,000 euros.
Everything was known and planned. The "bank person" even assured the sellers of the semi-detached house that our financing was secure and that there would be no problem. Now they say we can only get a maximum of 75,000 euros, my wife's father must take out a loan of 30,000 euros and provide it to us (he has been a customer of the bank for over 30 years, and after he has already signed and the financial situation is known, he must submit various documents from the tax advisor... balance sheets and so on. The bank keeps postponing and says it is under review. In addition, we had increased the existing loan, but now the branch manager has simply put 9,800 euros into overdraft on my account. The bank says the account must be balanced before any financing can be provided. We are 4 weeks behind in paying for the house, and if we withdraw now, we will have to pay damages because the sellers are selling the semi-detached house due to separation and have already bought another apartment. In addition, the move is scheduled for 01/12/2009, the seller (husband) will move into our apartment and we into the semi-detached house, as planned. Furthermore, my wife is heavily pregnant, our second child is due in February, and we don't know what to do.

1. Do we have a chance to challenge this with a lawyer and sue for the financing amount of 130,000 euros, as we had the confirmation and the branch manager even discussed the outstanding issues without addressing our financial situation and said the financing was fine so far. We also incur damages, as we increased the loan, and because the bank wants to split everything into multiple loans, we would end up paying over 1100 euros per month, compared to 600-750 euros with a loan of 130,000 euros, which is a huge difference.

Would a legal expenses insurance cover the costs?

Steffan Schwerin

Dear questioner,

I will answer the question you posed taking into account the circumstances described and your input as follows:

If you have evidence that the bank had agreed to provide financing, you also have a claim against the bank.

You should first demand in writing that the bank fulfill the contract and provide a deadline for the full loan to be granted.

If this deadline passes without action, you should hire a lawyer to enforce your rights.

The problem is that you only have an oral agreement. If the bank denies this agreement, you will need to prove that it existed.

In theory, the chances of enforcing your claim against the bank are good. However, in practice, the situation becomes more difficult due to the complex nature of the evidence.

I must emphasize that this platform cannot replace detailed and personal legal advice. It is solely intended to provide an initial rough assessment of your legal issue based on the information you have provided to a lawyer. The legal advice I provide is based solely on the facts you have provided. Adding or omitting relevant information in your description of the situation may lead to a completely different legal assessment.

I hope I have given you a first overview and that my explanations have been helpful. You are welcome to contact me through the follow-up option on this platform.

Furthermore, I am available for representation if needed. The initial consultation fee would be credited in full.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, mail, fax, and phone, representation is still possible.

Best regards,

Steffan Schwerin
Lawyer

Law Office of Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena

Tel.: 03641 801257
Fax: 032121128582

Email: raschwerin@raschwerin.de

Website: www.raschwerin.de

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Steffan Schwerin

Steffan Schwerin

Jena

Die Rechtsanwaltskanzlei Steffan Schwerin berät Sie in (fast) allen rechtlichen Lebenslagen. Ich verstehe mich als Dienstleister - getreu dem Motto: Recht haben - Recht durchsetzen - Recht bekommen, berate ich meine Mandanten und wir erarbeiten gemeinsam einen Lösungsweg. Ich vertrete Ihre Interessen außergerichtlich und auch gerichtlich. Ich arbeite vorzugsweise in den Rechtsgebieten Internetrecht, Arbeitsrecht, Sozialrecht, Mietrecht, aber auch im Familien-, Erb- und Strafrecht. Einen weiteren Schwerpunkt bildet das Vertragsrecht (Mietverträge, Leihverträge, Eheverträge, Kaufverträge, Darlehensverträge, Leasingverträge, Werkverträge, Dienstleistungsverträge, Arbeitsverträge, Aufhebungsverträge, Geheimhaltungsvereinbarungen, Kooperationsvereinbarungen, Bauverträge, Allgemeine Geschäftsbedingungen - AGB); hier prüfe ich bestehende Verträge und AGB für Sie oder erstelle Verträge und AGB nach Ihren Anforderungen. Darüber hinaus sind auch Gewerbetreibende, Freiberufler und Unternehmen angesprochen, sich durch meine Kanzlei beraten und vertreten zu lassen.

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