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Refusal to sign a report and hand over the keys during a delivery? What can you do about it?

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1) During the provisional acceptance, discussions can often arise, resulting in a construction promoter/project developer or contractor refusing to sign the provisional acceptance report and hand over the keys.

A refusal of delivery cannot simply be accepted for the following reasons!

The contractor or construction promoter/project developer shall notify by email or letter and by post that they wish delivery on the date of (..........)

The buyers agree to this delivery on a mutually chosen date that suits both parties and a construction expert they appoint.

  • Entry is only possible if it appears that the home has a normal habitability that is necessary to be able to use all facilities.

 

2) If it appears that normal habitability is not guaranteed due to the lack of the most important elements necessary to guarantee normal habitability, provisional acceptance may be refused.

 

Some examples:

 

  1. There is no water or electricity and no inspection of either.

  2. Hob/fridge missing.

  3. You cannot shower or wash at the sink.

  4. Destructive works have to be carried out because they have been poorly executed, such as redoing floors and wall tiling, etc.

  5. Sewer connection to public utility has not been done, etc.

6)

Buyers must be considered as consumers within the meaning of art. I, 1.1.° Code of Economic Law. Buyers thus enjoy all guarantees concerning market practices and consumer protection. Art. VI 2. WER thus stipulates a general pre-contractual information obligation for companies towards consumers, whereby 3° the total price as well as its calculation must be provided in a clear and comprehensible manner.

Art. VI. 2.3° The Company stipulates that before a consumer is bound by a contract other than a distance contract or a contract concluded off-premises or by a contract referred to in Article VI.66´§1, the company must provide the consumer with the following information in a clear and comprehensible manner: 3° the total price of the product or service, including taxes and all services to be paid by the consumer;
paid extra.

If the buyers determine that your company cannot in any way demonstrate that the buyers were aware of the nature of the alleged additional work on the one hand and the price in question on the other, and no additional quotation signed by the buyers was submitted, and the buyers determine that they were never aware of any other quotation than..., and also your general terms and conditions, let alone that they agreed to them, to protest them for as much as necessary the additional price charged by your company.

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