Appraisal fee
In Germany, an appraisal fee is a processing fee that banks and building societies charge when concluding loan agreements with consumers for the collateral offered by the borrower and for estimating the objects to be lent. These costs, which are often included in the general terms and conditions, are referred to as “appraisal costs”, “appraisal fee” or “costs for the property inspection”.
According to higher court case law, such clauses may not be used. According to § 307 Paragraph 1 Clause 2 BGB i. V. m. Section 307, Paragraph 2, No. 1 of the German Civil Code (BGB) is ineffective because it unreasonably disadvantages customers, contrary to the requirements of good faith . Because the valuation is carried out solely in the interest of the lending bank, which wants to secure its own financial interests by agreeing to the establishment of a land charge or the provision of other security and would like to clarify whether the property offered as security is sufficient in the event of non-servicing by the borrower is valuable. Such a clause thus deviates from the general legal principle that a bank or other credit institution may only invoice the services provided to customers.
Individual evidence
- ↑ Düsseldorf Higher Regional Court, judgment of November 5, 2009 - I-6 U 17/09
- ↑ Consumer advice center North Rhine-Westphalia: No appraisal or inspection fee when granting credit to private customers April 25, 2012
