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Supplement of annuity loans

Can the bank still send us additions after the contract has been concluded? Can the bank stipulate in their terms and conditions that they can pass on the loan to third parties? If we do not agree, can we request an amendment so that a transfer is only possible with our consent? What effect can such a written addition from us have on the contract? The interest rate was fixed until 18.07.09. The bank has imposed a loan repayment deadline of 1 month on us. How does this affect us now if we signed the new loan on 24.07.09? The loan disbursement date is 30.08.09.

Dr. Dr. Danjel-Philippe Newerla

Dear inquirer,

Thank you for your inquiry!

I would like to address your question considering the information provided and your commitment as follows:

1.) Can the bank send us additional information after the contract has been signed?

Generally, the bank can only send you additional information after the contract has been signed if the loan agreement specifically allows for it. Otherwise, the bank can only send you additional information that is not significant. The bank has the unilateral right to determine the performance according to § 315 b of the German Civil Code, which must be exercised in good faith. Whether this is the case is a question that depends on the individual circumstances.

The provision allowing the assignment of the loan to third parties must be explicitly stated in the contract. The bank cannot make such a provision without your consent through an additional agreement.

2.) Can the bank include in its terms and conditions the ability to assign the loan to third parties?

Yes, this provision is generally permissible in a loan agreement as long as it has been agreed upon, meaning with your consent.

3.) If we do not agree, can we demand a revision so that assignment can only be done with our consent?

This question depends on your negotiating skills. You can certainly negotiate such an agreement with the lending bank. However, the bank is unlikely to agree to this and may want to increase the loan interest rates if a no-assignment agreement is reached.

4.) What effect can such a written addition by us have on the contract?

This could lead to the loan being assigned to another bank, which, in case of non-payment of the loan installments, may terminate the loan and demand immediate repayment, initiating enforcement measures in case of non-voluntary payment.

5.) The interest rate was fixed until 07/18/09. The bank has set a one-month loan repayment deadline for us. How does this affect us if we signed the new loan on 07/24/09?

This means that the old agreed-upon interest rate is no longer valid, and the new interest rate specified in the new loan agreement takes effect. The new loan agreement is the only relevant document in this case.

If your question is aimed at something else, please let me know so I can provide further clarification through the follow-up option.

I hope this initial legal orientation helps, and wish you success and all the best!

Please be advised that my legal advice is based solely on the information provided by you. My response is only an initial legal assessment of the situation and should not replace a comprehensive examination of the circumstances. Adding or omitting relevant information can lead to a completely different legal assessment.

I hope my explanations have been helpful. Feel free to contact me via email or the follow-up option.

I wish you a pleasant Saturday evening and a great weekend!

Kind regards,

Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law

Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316

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Dr. Dr. Danjel-Philippe Newerla

Dr. Dr. Danjel-Philippe Newerla

Bremerhaven

Amtsgerichtsbezirk: Bremerhaven

Berufshaftpflichtversicherung:

R+V Versicherung AG
Taunusstr.1
65193 Wiesbaden



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