ᐅ Final inspection of new construction despite missing heat pump. Is this a major defect?

HessamA schrieb:

Unfortunately, there is nothing in the purchase contract regarding the consequences of non-fulfillment.

Informal, immediate, ineffective. Delivery and service agreements without penalties are basically more like memorandums.

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11ant schrieb:
He would have ended up either cutting corners or making a bad deal with lemons in my opinion. I would formally acknowledge receipt of his notification about the situation and the resulting invalidity of the acceptance appointment, and set a deadline of 14 days from receipt for him to
1. clarify his message regarding the execution and duration of the provisional solution;
2. state his preference whether he wishes to proceed with a partial acceptance first;
3. commit to specifying the grace period he requests; and
4. provide two proposals for a mutually agreed date for the partial or final acceptance.

First of all, thank you very much for your detailed feedback.

So I formally reject the acceptance in writing, explain this by the missing heat pump, and at the same time request that he respond specifically to the points you mentioned within the 14-day deadline?

11ant schrieb:
Exactly: where are you currently with the payment schedule, what retention are we talking about, and which penalties have been agreed?

Most recently (in July), we paid installment E) according to the developer and brokerage agreement amounting to 12.6% of the purchase price for the following works:
"After completion of the rough installation of the heating system, electrical installations, ...". Now the developer is demanding payment of installment F) together with the notice of the acceptance appointment. Without this payment, acceptance will not take place. Installment F) is due: "after completion of the tiling work in the sanitary area, the finishing work, and upon readiness for occupancy, and concurrently upon handover of possession, amounting to 13.3%."

11ant schrieb:
Oral statements from which source?
Currently, there are widespread reports of delivery delays for heat pumps. Therefore, I tend, "when in doubt, favor the defendant," to assume that there really is a genuine supply shortage here. If you know the supplier, however, it may be worth asking whether that is actually the case. You might also want to consult your lawyer about whether he sees you as authorized to initiate a third-party action to have the company’s solvency checked in court if necessary.

The oral statement came from the developer.

Ready for occupancy is not achieved without heating.

SoL schrieb:

Occupancy readiness is not achieved without heating.

Thanks to you as well for your feedback (and of course to the others).

In my opinion, I agree. However, he does mention that he will assist us here with temporary solutions without specifying the exact type of temporary setup he will provide us.

...and how he tries to encourage you to accept temporary solutions (money, gold, forced labor). If, for example, he showed up with a space heater, I would sue him for bodily harm because I would be laughing so hard for years that I wouldn’t recover.

I would appreciate any further feedback. To be honest, I am still uncertain about the best course of action. I would actually like to avoid hiring a lawyer since I do not have legal expense insurance and, given the circumstances, I need the money for other priorities. However, I fear that involving a lawyer may be unavoidable.