HenryM

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About HenryM

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  • Location Germany
  • Nationality American
  1. Was there visible, provable damage to the car? Was the police called for a report? Was information exchanged between you and the driver. Hope all is well!    
  2. Non payment from house sale

    Wish I could give this message 1000 thumbs up. I have been saying this all along and even detailed why.   edit: I would stress again, dual track the process: 1) put the house back on the market ASAP (assuming lawyer says this does not affect your ability to claim damages from the buyer) because waiting for the courts to settle this might take longer; 2) consider legal options for damages or forcing buyer to buy property (not a lawyer, so not sure how this works in DE).
  3. Non payment from house sale

    We are all trying to help the OP, and the consensus seems that default is the worst option.   Jeba, I understand your passion to help and indeed default is an option, but I assume it probably is to the OP the one obvious option. So perhaps highlight a bit less and consider other ideas. I already suggested one.   I think it makes sense to give yourself the option of having credit in case of unseen circumstances. Medical was just one example, even if not 100% applicable (btw, certain cancer treatments are not covered by insurance).  
  4. Non payment from house sale

    This should be the very last option after all other possibilities have been exhausted. I cannot stress this enough. I don't have time to go into the details, but here is why I think it's a bad idea: 1) This option is too radical for a problem that is transitory (a few months in my estimate) and it will severely limit the OP's future financial options. OP just need to a find a way to hang in there for a few months. Why ruin the future for a few months? 2) given OP's stage in life (retirement was mentioned), access to credit is essential in case of: an expensive surgery that is not covered by insurance, house repairs (new roofs are expensive), etc. At the risk of sounding morbid, I'll stop listing all the ways life can go wrong. 2) More importantly, there are other options that achieve a similar if not better result: talk and explain situation to banks in order restructure the loan; get a small loan collateralized by the old house to cover mortgage payments until house is sold (OP said she planed to use the proceeds to buy new house mortgage free, so this means old house has little debt and should be super easy to put additional debt on it); etc.    
  5. Non payment from house sale

    You could say that.
  6. Non payment from house sale

    Significant experience in this area. Not a lawyer though.
  7. Non payment from house sale

    Based on info you've said so far, I would absolutely not grant this.   Good luck. Feel free to message me privately.
  8. Hey, I know this post is old. But how and where did you sing up for the theoretical test? Did you do directly through TUV or through the school?
  9. Non payment from house sale

    Hey Henribear, I think I can potentially help, but I don't fully understand the story. So, please pardon my questions at this stressful time for you (I can only image how tense this is):   Overall, I think you need an attorney to explain to your your legal options!   1st...regarding your old house: check the contract: 1) I'm assuming you have a purchase-sale agreement (and hopefully you had an attorney draft/review it before signing). Have an attorney check the agreement for conditions that need to be fulfilled before closing; specifically, conditions that would allow your buyer to walk away from the contract penalty free. The planning permission that the buyer wants is not your problem (unless it was included in the contract). 2) Was the contract reasonably written and specifies a date by when closing must occur? If yes, then good. 3) Has the buyer has put up some sort of deposit (escrow) and this amount is deposited in a trustee account (not regular bank account with the Markler) with a 3rd party trustee (bank)? If yes, good.   If the closing date specified in the purchase-sale agreement is past, then basically the buyer broke contract. Does your contract specify what the penalty is for the buyer breaking the contract (it should be that s/he looses the escrow deposit)?   If the contract does not specify a penalty for not closing by specified date, then the contract is bust. To minimize double payments, immediately put your house back in the market and don't waste time.   If the contract does specify damages...you said the penalty is 10% (OK) and payment of your costs  (what costs specifically?) and stress (this is strange...I have never seen this in a contract ). Are these explicitly specified with exact amounts somewhere in your contract? If the penalties are specified in the contract, then it makes no difference in your course of action -- still put your house in the market immediately. If this sale come through then fine, but if not then you're not putting all your eggs in this one basket and wasting time waiting for this buyer. The buyer seems to be  basically stringing you along and getting you to write him a free purchase option. 2nd...check your contract with real estate agent: 1) I'm assuming that the contract states that the real estate agent's services are considered complete when he has found willing and ABLE buyer (able as in the buyer has the money and has transfered it to your bank account). If other words, you don't owe the agent anything until the deal closes. 2) I'm also assuming your contract with the agent is for a limited time...eg 6 months. If you're within this period, I guess you are stuck with this agent. If not, then maybe get a new one.   3rd ...bridge loan: 1) The escrow amount/penalty (if any in your contract) I'm assuming will take some time through the courts (if it goes that way) to be settled and hopefully come your way. Ask your attorney how long does s/he think it will take to get your hands on this money, then you can use it to pay the interest payment on the bridge loan. 2) Bridge loans are expensive. So you need to do some math. Ask your agent how long does it take to find a new buyer and close the sales so you can take the proceeds and pay off your bridge loan. Compare interest payments on the bridge loan during the time it would take to sell with the  the house versus the processing costs of getting a regular mortgage. Perhaps, it makes sense to get started on the process of a regular mortgage immediately because who know how long this can take in courts.   That's my advice.          
  10. Hey, any update on what you found out? I'm also looking to avoid getting ripped off.
  11. Hey all, I wanted to provide a status update and some info that I learned for others.   The next step in this fiasco: I received a very sternly worded letter addressed to my home from the driver's attorney. The driver had after the accident immediately gone to a repair shop to get an estimate of the damages and also engaged an attorney to begin proceedings. The driver's claim includes the full salvage value of the car because of a dent the size of a quarter (seriously, no hyperbole here!); estimate costs; attorney fees, and some other small fees. Sidenote: After almost killing me, it's nice to see that the driver's next priority was to monetarily  benefit from this.   The driver's car is raggedy old POS so the salvage value was less than 2000. If this happens to you, just hope you're not hitting a new BMW or Mercedes or you're screwed. The estimate fees were about 500. I called 3 different shops pretending that I wanted to get an estimate simply to get an idea of the costs and they all quoted two different prices: if I paid for it out of pocket or if the insurance paid for it. The out of pocket range was from 450-550. The insurance-paid was about 250. I'm not sure why the difference regarding who pays for it (perhaps insurances have pre-negotiated price).   I decided to get an attorney. I called 4 different attorneys to explain my side and gets quotes. The prices ranged from 275 to 325 to review the case, review the police report, write correspondences, etc. If the case went to trial or became more convoluted, then the costs  would correspondingly increase.   I can confirm, since I tried multiple ways, that only attorneys or insurance firms can review the police report. My attorney ordered the police report from the Staadsanwalt. During this time the Staatsanwalt also made a determination that I was not responsible for any Bussgeld(penalty). This strengthens my side of case. My attorney also received the police report and he believes it further strengthens my case. I also looked a photos of the police report and it corroborated my story. Eyewitnesses are unreliable (I reviewed the statements the witnesses gave and each contradicted each other in material matters). Have photos or other hard evidence. So we're not paying. If driver wants to go to court attorney that we will not pay and they're welcome to go to court if they like.   So a few ideas: 1) Get Hauptpflichtversicherung 2) Simply because the police say something it doesn't make it true. From my experience so far, I've found the police here in Deutschland unprofessional (don't get me started on: smoking during duty, unshaven, thug looking) and have zero self critical thinking skills. 3) In case of accident make photos of everything. Hard evidence. 3) Police reports are not available even to the parties involved. Only insurance firms and lawyers can access them. Stupid! 3) Costs related to cars are ridiculous. 4) People here are pettier than in the USA with lawsuits (although for some reason we're stuck with the reputation). I guess that's why Germans have insurances for every little thing. So again, get insurance. 5) Address/answer letters opposing parties, legal letters etc (someone mentioned this is another post). I believe judgment can be entered against you in absentia.   Hopefully, this helps a few people navigate their next experience (hopefully it never happens).      
  12. Hey all, thanks for all the responses. I will definitely get the Haftpflichtversicherung, although as some mentioned it won't help now, but good to have in the future.   Spoke with an attorney today who said to wait for the Staatsanwalt determination before doing anything. I'll keep everyone posted in case other face similar situation (hopefully not!) and want to understand how the process runs.    
  13. Good evening all, I'm wondering if anyone had a similar experience and can contribute. I've read all similar posts but they don't describe the process.   I had an accident -- I in a bicycle and the other party in a car. Details not important, but I fell (helmets save your head!). People called ambulance and police, which arrived quickly. When police asked what happened I was only able to say that I was trying to turn left (I was still pretty shaken up), and then I was taken by the ambulance. The police interviewed the witnesses as well.   I called the police 2 days later to give my full statement (I was in hospital until that point) and also ask for the report so I can claim money for my helmet. Instead, they said the report had already been completed and forwarded to the Staatsanwalt (state attorney) and they also said that I am mainly at fault, but the Staatsanwalt will review it to determine if I have to pay any Bussgeld (penalty). I was pissed --  from the victim I became the perpetrator. I asked to see the report, and they said that they don't release the report as it is confidential and only lawyers and insurance firms can review it.   Today I received a letter from the police which has the contact info of the other party, the witnesses, and mine (It is not the police report). It further says I may forward this letter to my attorney or insurance firm (I assume so they can review the police report). Letter doesn't say anything about guilt. I don't know the process, but I assume the police report is now being reviewed  Staatsanwalt who will probably  in the near future send me a determination for the Bussgeld (penalty).   I don't see why the Staatsanwalt would make a different determination when the report probably says I'm at fault. So I'm now worried and not so much by the Bussgeld but if the driver decides to sue for damages. I don't think there were any damages, and if any probably a scratch to the front and maybe a dent to the hood. But based on some of the horror stories I read on some of the other posts, even this can get expensive. I don't have liability insurance   I really want to see the report because (a) if the police pictures show the car where I think it was, then there is no way I'm guilty in any right-driving country, and I will definitely get an attorney; (b) if  can also see the car for any damages, and if there are none I can relax; and if there are damages I can evaluate whether they're small enough to pay it rather than get lawyers involved and end up pay the same.   1) Is there a way to get my hands on this police report? 2) Since I don't know the legal process, is there a legal disadvantage if I wait for the Staatsanwalt letter before getting an attorney or do it now (basically pay fees of up to 200 Euros based on what some other posts).   Thanks