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

Hello dear forum members,

In March 2021, we purchased a house from a developer under a standard developer and broker contract. The handover is scheduled for September 28, 2022. The contractually agreed deadline is September 30, 2022. In a letter regarding the handover, the developer noted that the heating system will not be fully completed by the handover date and that we will have to work with temporary solutions. He did not specify exactly what is missing or what these temporary solutions involve. However, based on verbal statements, we know that the heat pump is missing. Isn’t the absence of the heat pump a significant defect that would justify refusing the handover? I have the impression that the developer wants to push through the handover before the deadline to avoid possible damage claims.

Thank you in advance for your help.

If the entire heat pump is missing, the heating system is missing as well.
I would not proceed with the final inspection. For everything else, yes, but not for the heating system. Regarding compensation: What does your contract state?

Unfortunately, the contract does not specify anything about this.

HessamA schrieb:

Unfortunately, the contract does not mention anything about this.

Well, you have a contractually agreed deadline (as you mentioned in post 1).
What does it say regarding the consequences of non-fulfillment?

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

HessamA schrieb:

We purchased a house from a developer in March 2021 under a standard developer and broker contract. The handover is scheduled for September 28, 2022. The contractually agreed deadline is September 30, 2022. The developer stated in his letter regarding the handover that the heating system will not be fully completed by the handover date and that we will have to work with temporary solutions. He did not specify exactly what is missing or what the temporary measures entail. [...] I have the impression that the developer wants to push through the handover before the deadline to avoid any claims for damages.

He would have seriously miscalculated. I would acknowledge receipt of his notification regarding this issue and the resulting invalidity of the handover date, and give him a 14-day deadline from the date of receipt to
1. clarify in detail the scope and duration of the temporary solution;
2. state whether he wishes to carry out a partial handover now;
3. make a binding statement about which extension period he requests; and
4. propose two possible dates for an amicably agreed partial or final handover.
Preferably on his own letterhead, but it is advisable to do this after initial consultation with a lawyer.

HessamA schrieb:

Is the absence of the heat pump not a significant defect that should allow us to refuse the handover?

Of course, a car cannot be put into operation if it is “only missing” the engine or the wheels.

SoL schrieb:

What does it say about the consequences of non-fulfillment?

Exactly: where do you stand in the payment schedule, what retention are we talking about, and what penalties are agreed?

HessamA schrieb:

But we know from verbal statements that the heat pump is missing.

Verbal statements from what source?
Currently, there are indeed reports everywhere about delivery delays for heat pumps. Therefore, I tend—when in doubt—to assume there really is a supply bottleneck here. If you know the supplier, however, it wouldn’t hurt to inquire whether this is actually the reason. You might also want to discuss with your lawyer whether he considers you authorized to request a court review of the supplier’s solvency if necessary.

---

https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/