Hello everyone,
Since we have tried everything imaginable and don’t know what else to do, I hope to get some advice here that might help us out of this predicament.
Brief introduction:
At the end of 2016, we signed the contract for our own home with Deutsche Fertighaus Holding Group (Allkauf Haus). At the beginning of 2017, the foundation slab was finally laid and our house was erected. We also purchased the finishing work, including electrical and plumbing services, through Deutsche Fertighaus Holding. The subcontractors for these services were provided by Deutsche Fertighaus Holding.
During the construction of our house, issues kept arising that should not have happened.
- Roof not sealed properly
- Wet insulation installed
- Doorways and openings built too small at the factory
- Electrical wiring forgotten during pre-assembly
- Cigarette butts pushed into the holes for power outlets
- Front door scratched
- Several electrical cables accidentally drilled into
- and so on, and so on, and so on.
But what homeowner hasn’t faced problems like these? Some more, some less.
I don’t want to burden you with the long version of the story, so – to cut a long story short:
We have been living in our house since mid-2017, and there are still unresolved defects that have not been fixed.
- Window sills not installed according to standards, causing loud echoing when it rains
- Skim coat work at level Q2 throughout the house (walls, ceilings) / construction manager of Deutsche Fertighaus Holding claims “this is more like Q0”
- Underfloor heating circuit for the living area partly installed in the ground floor hallway
- Hot water takes over 50 seconds to reach the standard 60 degrees Celsius (140°F), sometimes well over one minute, and uses over 5 liters of water (energy-saving house?)
- Scratched window frames from sanding work
- Scratches on the front door
We have been trying to reach an agreement with the developer for half a year now. We have sent more than 30 emails in an attempt to find a mutually satisfactory solution. The only response we ever receive is always the same: “Your complaint has been forwarded to the responsible department,” but apparently the processing stops right there.
Currently, we have withheld a portion of the purchase price guarantee, which is now held in a bank account.
Deutsche Fertighaus Holding has not contacted us for 3 months and no longer responds to emails. Since most legal expenses insurance policies, including ours, have a new build clause that excludes legal coverage, we are unable to take legal action against the company without risking significant financial loss. However, our insurer provided us with a lawyer as a mediator, who has tried to mediate between us and Deutsche Fertighaus Holding. Unfortunately, there was no response to her either.
Now we don’t know what to do anymore. We have given Deutsche Fertighaus Holding a deadline by which the defects must be remedied. Should Deutsche Fertighaus Holding fail to properly, professionally, permanently, and according to recognized standards fix the defects or find a mutually satisfactory and final solution, we will use the withheld remaining amount to cover the costs of repairs ourselves or hire a company of our choice.
Since the company no longer communicates, we also cannot access the money withheld in the bank. The only way would be a waiver letter from Deutsche Fertighaus Holding. But this is exactly where the problem lies.
Maybe you have some advice for us.
Thank you in advance.
Since we have tried everything imaginable and don’t know what else to do, I hope to get some advice here that might help us out of this predicament.
Brief introduction:
At the end of 2016, we signed the contract for our own home with Deutsche Fertighaus Holding Group (Allkauf Haus). At the beginning of 2017, the foundation slab was finally laid and our house was erected. We also purchased the finishing work, including electrical and plumbing services, through Deutsche Fertighaus Holding. The subcontractors for these services were provided by Deutsche Fertighaus Holding.
During the construction of our house, issues kept arising that should not have happened.
- Roof not sealed properly
- Wet insulation installed
- Doorways and openings built too small at the factory
- Electrical wiring forgotten during pre-assembly
- Cigarette butts pushed into the holes for power outlets
- Front door scratched
- Several electrical cables accidentally drilled into
- and so on, and so on, and so on.
But what homeowner hasn’t faced problems like these? Some more, some less.
I don’t want to burden you with the long version of the story, so – to cut a long story short:
We have been living in our house since mid-2017, and there are still unresolved defects that have not been fixed.
- Window sills not installed according to standards, causing loud echoing when it rains
- Skim coat work at level Q2 throughout the house (walls, ceilings) / construction manager of Deutsche Fertighaus Holding claims “this is more like Q0”
- Underfloor heating circuit for the living area partly installed in the ground floor hallway
- Hot water takes over 50 seconds to reach the standard 60 degrees Celsius (140°F), sometimes well over one minute, and uses over 5 liters of water (energy-saving house?)
- Scratched window frames from sanding work
- Scratches on the front door
We have been trying to reach an agreement with the developer for half a year now. We have sent more than 30 emails in an attempt to find a mutually satisfactory solution. The only response we ever receive is always the same: “Your complaint has been forwarded to the responsible department,” but apparently the processing stops right there.
Currently, we have withheld a portion of the purchase price guarantee, which is now held in a bank account.
Deutsche Fertighaus Holding has not contacted us for 3 months and no longer responds to emails. Since most legal expenses insurance policies, including ours, have a new build clause that excludes legal coverage, we are unable to take legal action against the company without risking significant financial loss. However, our insurer provided us with a lawyer as a mediator, who has tried to mediate between us and Deutsche Fertighaus Holding. Unfortunately, there was no response to her either.
Now we don’t know what to do anymore. We have given Deutsche Fertighaus Holding a deadline by which the defects must be remedied. Should Deutsche Fertighaus Holding fail to properly, professionally, permanently, and according to recognized standards fix the defects or find a mutually satisfactory and final solution, we will use the withheld remaining amount to cover the costs of repairs ourselves or hire a company of our choice.
Since the company no longer communicates, we also cannot access the money withheld in the bank. The only way would be a waiver letter from Deutsche Fertighaus Holding. But this is exactly where the problem lies.
Maybe you have some advice for us.
Thank you in advance.
Chriscross18 Feb 2018 18:38Then I guess all that remains is to keep hoping. Thank you
Chriscross schrieb:
Since the company is no longer responding, we also can't access the money withheld by the bank. What were you thinking when you made such a pointless withholding?
Alex85 schrieb:
Lawsuits are effective attention grabbers. On the other hand, sending 30 emails only signals that you have no legal protection and will just send another hundred or two hundred thirty emails. You might as well throw cotton balls. A draft lawsuit moves the matter from the complaints department to the legal department.
At the latest, when they want to access the withheld amount and initiate a payment order, a lawyer's involvement is unavoidable.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
H
HilfeHilfe18 Feb 2018 21:07Oh dear... no money at all for a legal dispute?
B
Bieber081519 Feb 2018 08:16I suspect the loan has been assigned so that your bank does not pay the remaining amount to you, but only to the developer. Since the house is not yet completed (defect-free), you cannot authorize the payment. Chicken or egg; cat or tail. A never-ending story—the developer can just wait it out because they know you are running out of options.
Are you already repaying the principal or just paying interest?
You will inevitably need a lawyer. We had about 500 euros in legal fees for the final stage (it would have been even better to invest 300 euros before signing). Your costs will likely be higher, but there’s no way around it!
Go to a specialist construction law attorney! If you don’t have around 300 euros for a consultation and a letter, then you are probably already out of the house anyway. Then it doesn’t matter. For everything else: ask your parents, use your overdraft, or take out a private loan.
Alternative: Declare the house as defect-free ("Basta"), pay the outstanding invoice, and live with it.
Are you already repaying the principal or just paying interest?
You will inevitably need a lawyer. We had about 500 euros in legal fees for the final stage (it would have been even better to invest 300 euros before signing). Your costs will likely be higher, but there’s no way around it!
Go to a specialist construction law attorney! If you don’t have around 300 euros for a consultation and a letter, then you are probably already out of the house anyway. Then it doesn’t matter. For everything else: ask your parents, use your overdraft, or take out a private loan.
Alternative: Declare the house as defect-free ("Basta"), pay the outstanding invoice, and live with it.
F
fach1werk28 Mar 2018 22:47We still have some unresolved defects. Although we can and did hire a lawyer, financial losses are still to be expected, even if we "win." In addition, we paid only part in cash; partly, we paid with our little house — the construction did not go smoothly — and also with a lot of stress.
Perhaps it will be easier for you to weigh things up if you consider a potential overall loss and factor in the cost in terms of stress. Sometimes there is no other way. Wishing you much enjoyment in your home nevertheless!
Best regards
Gabriele
Perhaps it will be easier for you to weigh things up if you consider a potential overall loss and factor in the cost in terms of stress. Sometimes there is no other way. Wishing you much enjoyment in your home nevertheless!
Best regards
Gabriele
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