ᐅ Liability for defects concerning various issues after the handover of the property

Hello,

we recently attempted the handover of the newly built property we purchased. During this process, some defects were noticed, and I am unsure whether these
a) can be legally pursued (because the seller casually mentioned that courts nowadays do not assess such issues)
b) affect the property's readiness for occupancy.

The defects that stood out to me were:

1. The lintel above the arched windows. It is designed so tightly that the windows can open exactly 90°, but the upper corners hit the edge of the lintel. In some places, the masonry is chipped, or there is a small dent in the window frame. I have also added a photo showing the edge of the masonry.

2. The terrace (wooden planks) slopes downward! From my understanding, while the substructure should be sloped to allow rainwater runoff, the wooden plank surface should be leveled. (Unfortunately, this is not visible in the photos, so I haven’t included one.)

3. The patio door cannot be opened to 90°—or only with force. This is because the door’s hinge side is directly adjacent to a wall, and for the upper hinge, a recess was even milled into the wall to make space. So, I’m not sure whether the door or the wall was incorrectly installed. I have marked this area in the attached photo—you can clearly see that the gap between the bottom hinge and the wall is larger than at the top hinge, which is also why the door cannot open fully to 90°.

As I mentioned, I would like to understand what impact these defects might have on the property’s readiness for occupancy and whether such defects must be corrected or are legally acceptable for me as the buyer.

Thank you and best regards,

B

Is the term "ready for occupancy" meant as a joke? Of course, you can move in there. Not being ready for occupancy would mean (no flooring, a hole in the floor instead of a toilet, broken heating). In any case, there are defects here that I would not accept. Now a specialized lawyer or expert assessor comes into play. It is logical that the builder wants to intimidate you. I would do the same.

Hi, thanks for the information – but the issue of the house being ready to move in is definitely not a joke. I have never bought a house before and naturally I’m concerned whether things like the window lintels or the uneven wall at the patio door can be easily fixed after we have already moved in.
Regards

bene1981 schrieb:
Hello,

we recently had an attempt to hand over the new property we purchased.

Was it a construction contract or a developer contract?

Was there a formal acceptance (declaration) including a protocol?

Was Section 640 III of the German Building Code observed, meaning the acceptance was declared only with reservation of rights regarding the reported defects?

In image 1, try placing a square or angle tool against it... then you should quickly see what’s off here... I would have guessed that the front is plastered thicker... but that would be a bit extreme.

In image 2, the entire opening seems a bit tight... the window installer should have been more careful when measuring. Have you re-measured the opening? What do the plans say about the width? Also, the door handle will hit the wall, won’t it???

The lintel probably did not bend; it is likely gypsum plaster.

Question: Did you build the house and now have the final inspection? Or are you buying an existing "old" house, even if it is only a week "old"?