ᐅ The developer has let us down – what should we do now?

Created on: 18 Feb 2018 18:24
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Chriscross
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.
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guckuck2
26 Jun 2020 10:02
ypg schrieb:

I would report this to an investigative journalist (newspaper or TV)

As always with such advice, I argue that this will only permanently damage the relationship and could negatively affect any potential legal dispute. Obvious smear campaigns rarely benefit the claimant. It also doesn’t help to push the company into (early) bankruptcy, as then it becomes even less likely to recover any money.

Furthermore, it is questionable why anyone should broadcast their private disputes to the public.
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ypg
26 Jun 2020 10:07
guckuck2 schrieb:

As always with this kind of advice, I argue that it ultimately poisons the relationship and can have a negative impact in case of legal proceedings. Obviously destructive campaigns rarely help the plaintiff. It’s also pointless to push a company (prematurely) into insolvency, since then you are even less likely to recover any money.

Furthermore, it is questionable why anyone would want to broadcast their private disputes to the world.

The person I advised has nothing to do with the original poster, so they don’t know the problem at all. I would like to delete my comment.
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bellabude
26 Jun 2020 13:29
There is certainly still time for the newspaper, and damaging reputations is not my intention. We just want something to be done because otherwise, soon we will have a building ruin.
A water damage issue was not repaired properly.

Emails with delivery receipts don’t count in today’s digital age?
11ant26 Jun 2020 13:31
Teemoe86 schrieb:

Important: Legally, the client must always pay the invoice. Even if the general contractor is supposed to cover it.
Emails are useless for such matters; only registered mail with return receipt counts.

Especially in an otherwise commendable post, I find it unfortunate if the term developer is used incorrectly. From the description, I get the impression that this was more likely a substitute performance by a general contractor.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
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bellabude
26 Jun 2020 13:34
We have a Town & Country house with the licensed partner Lukas Massivhaus GmbH. I need to contact the licensed partner because the contract was signed with them.
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Teemoe86
26 Jun 2020 13:49
11ant schrieb:

when the term developer is misused
From now on, I will simply use "developer/general contractor" specifically for you. Of course, in this case, it was a general contractor. However, for us, it was a developer.