A payment in the acquisition of a flat is disputed. A lawsuit has now been filed in which the Wohnungseigentumsorganisator claims rescission due to arrears. You want to know whether the flat is already lost or whether an additional payment could help. The answer must be examined in the specific court proceedings. A general payment dispute letter is not sufficient now as a response plan.
Forward the served complaint in full
Secure the complete court documents including service details and contact suitable legal advice immediately. Note payments made so far, amounts claimed and the reason for the dispute. Due date, the sum actually owed and payments already made are different questions.
Our editorial recommendation: Compile a documented chronology. One line should contain the amount claimed and its basis, the next your own proof of payment, another the specific disputed difference. Clearly indicate if a sum cannot be assigned unambiguously. Do not create an asserted debt-discharging balance by mere arithmetic offsetting.
Have the special statutory rule examined specifically
§39 WEG 2002 governs the case where the organiser asserts rescission for arrears by means of a lawsuit and the amount still to be paid is in dispute. The provision provides for a separate hearing and decision on that point. It also contains a rule for payment of the owed amount before the designated hearing conclusion and a consequence for costs. [RUECKTRITTSKLAGE]
Have the scope of application, the current stage of the proceedings and the required course of action assessed on the basis of your complaint. The article does not state any specific payment as timely and gives no payment instruction. The statutory possibility must neither be overlooked nor be understood as a blanket guarantee for a consequence-free postponement.
Coordinate payment and procedural response
A professional clarification of the payment method, amount and relevant timing must match the necessary court response. Do not rely on the idea that a transfer of any partial claim already replaces every procedural action.
The cost consequence mentioned in the statute remains a separate issue. Even if a payment can be significant for the outcome of the rescission action, that does not imply a general promise of complete cost exemption. Which expenses are at risk or must be reimbursed in your case belongs in the advice.
Hypothetical case: An old invoice does not explain the claim amount
A purchaser initially presents only the latest invoice to their adviser. However, the complaint comprises an amount composed differently and relates to earlier transactions. They want to pay the known invoice immediately and treat the entire matter as settled.
The adviser then receives the contract, the complaint, previous correspondence and all proof of payment. Only this context enables a concrete decision about response and payment. The example does not assert either a justified claim or a permissible retention.
A declared procedural position is required
Record which questions are clarified, which action is pending and which actual deadlines must be observed. Continued use of the flat must not be based on your own interpretation of a single statutory sentence. What is needed is timely handling appropriate to the proceedings that takes payment amount, possible retention of the acquisition and cost consequences into account together.