What are the fees for the 11th trade
Fee jungle: which bank fees are not allowed
The list does not claim to be complete. It reflects the current status of the discussion at the time of publication.
Fee for issuing a cancellation permit for mortgages and land charges
By law, financial institutions must approve the cancellation of a mortgage or land charge and are not allowed to demand any special payment from the customer for this. The bank is also not allowed to show the cancellation authorization in the loan contract form as the main service (Cologne Higher Regional Court judgment of February 28, 2001 - 13 U 95/00, final). Only material costs actually incurred may be charged, for example the fee for a notarial certification (judgment of May 7, 1991 - XI ZR 244/90). But be careful: Not only notaries, but also savings banks can effectively certify the deletion of a real estate lien. If the Sparkasse demands a "stamp fee" for this, this is not permissible in the opinion of the consumer advice center, as this foreseeable expense can be factored into the interest. Other costs that customers have to bear themselves are fees charged by the land registry.
Fee for maintaining a loan account as part of a personal loan
Banks may not agree on a separate fee for maintaining a loan account in their contract forms. Maintaining such an account is not a special service for customers. Rather, the bank acts solely in its own interest, so that remuneration for the work by the customer is inadmissible (judgment of June 7, 2011 - Az.XI ZR 388/10).
Loan Processing Fees
Banks and savings banks may not charge consumers a flat fee in their terms and conditions for processing a loan. You are only acting in your own interest and fulfill a legal obligation with the credit check. However, the institutes are not allowed to have their customers remunerated for such activities. The Federal Court of Justice decided this in two rulings of May 13, 2014 (Az. XI ZR 405/12 and Az. XI ZR 170/13).
Charges which, in the opinion of the consumer advice center and other courts, are also inadmissible
- Costs for the account or credit termination or for mere reminder letters
For letters without any legal effect - e.g. B. for a reminder or the threat of legal consequences - nothing can be asked for. If the bank ends a business relationship, it only pursues its own interests and is also not allowed to charge customers extra fees for this.
- Fees for depositing coins
More and more banks in Germany are introducing fees for paying in coins. At the consumer advice center, customers report that sometimes 50 percent of the amount they want to pay in was immediately given back to the bank.
The reasoning of the institutes: The EU demands a more detailed examination of the deposited money. With fees, however, the banks are only allowed to pass on their actual costs to the customers. The consumer advice center Baden-Württemberg has successfully sued the BBBank for a flat fee of 7.50 euros per coin deposit. The Karlsruhe Higher Regional Court has given the consumer advocates right (judgment of June 26, 2018, Az .: 17 U 147/17), the proceedings are still going on before the Federal Court of Justice.
- Fees for credit or other contract offers if no contract is concluded
Interested parties usually do not need to pay extra if they are no longer interested in a contract and the credit institution has not yet approved it. One of the usual risks of any business activity is that potential customers drop out before the conclusion of a contract (OLG Dresden with judgment of February 8, 2001 - 7 U 2238/00, legally binding).
- Costs for bank statements for building loans
It is the duty of the bank to properly book incoming installments for a building loan and to inform the customer accordingly. If the rates are offset internally, the bank cannot estimate any costs for account statements.
- "Fiduciary fee" for deletion of a mortgage loan
Some institutes are introducing an additional fee for rescheduling mortgage lending in the form of a "trust fee". The redemption of the loan is a basic obligation of the bank and must not be billed to the customer as a special service. If the refinancing bank transfers money to the notary escrow account to replace the old loan, the claim of the previous bank expires. This bank must then surrender the loan collateral or issue the cancellation authorization for the attention of the notary. The Cologne Higher Regional Court ruled that the trust fee is permissible if the loan has been redeemed early (judgment of May 27, 2009, 13 U 202/08). The loan is also redeemed early if the borrower changes to another bank after the fixed interest rate has expired and repays the loan taken out first with the new financing. In these cases, the first bank transfers the land charges to the new bank. There is no deletion of the land charges.
- Appraisal and inspection fees
Some banks require a so-called appraisal and inspection fee in their terms and conditions for the valuation of a property used as collateral for the loan. The Düsseldorf Higher Regional Court declared such a fee to be inadmissible because it shifts the costs of measures that are only in the interests of the bank to the customer (judgment of November 5, 2009 - I-6 U 17/09). In response to the judgment, some credit institutions require their customers to commission a separate fee-based appraisal as part of an agency agreement. In doing so, they circumvent the judgment of the Düsseldorf Higher Regional Court. However, you do not have to get involved in such a contract, most credit institutions do not require it and are often prepared to have the appraisal drawn up for your own account if you otherwise miss out on the loan business.
- Account maintenance fees for building society contracts
Building societies also often charge a fee to manage the loan account. However, here, too, the bank acts exclusively in its own interest, so that it is not allowed to charge the customer for this activity. In contrast to private loans, there is still no court decision on building society contracts.
- Real estate loan rescheduling fees
When rescheduling real estate loans to another bank, the previous bank may not charge any fiduciary fees. This was decided by the Federal Court of Justice (BGH) in September 2019 after a lawsuit from the German Consumer Association (vzbv). Affected can claim the money back.
Bank fees that the Federal Court of Justice (BGH) has declared to be permissible
- Commitment interest for the time between loan approval and loan disbursement
The bank does not need to make a loan available to customers for free until it is called. It is up to the customer if he cannot yet use the money available at his request (judgment of 02/21/1985 - III ZR 207/83).
- Compensation for loss of profit if customers fail to take a loan amount
If the customer does not take a loan amount provided, he deprives the bank of its interest income. The bank can have the loss reimbursed in the form of a non-acceptance fee. In principle, it can also agree on a flat rate if this does not exceed the usual damage and the customer is allowed to prove that no or less damage has occurred (judgment of 02/21/1985 - III ZR 207/83).
- Compensation for loss of profit when customers repay a loan amount early
If the customer terminates a loan agreement prematurely, the bank can charge fees for the loss of profit. However, the bank must reimburse an agreed discount on a pro rata basis. The calculation of the Prepayment penalty is based on the reinvestment return of the capital market statistics of the Deutsche Bundesbank, not on a value from the PEX index of the Association of German Mortgage Banks and the Association of German Public Banks (judgment of November 30, 2004 - XI ZR 285/03). However, the LG Frankfurt am Main considers it inadmissible if the bank demands a flat fee for the mere calculation of the early repayment penalty (judgment of January 26, 2012 - 2-21 O 324/11, not final). Despite some judicial requirements, there are often disputes between the bank and the customer about the correct calculation of the early repayment penalty.
- Closing fees of the building societies
Building societies may charge a so-called closing fee when concluding a building society contract. This fee covers the costs that are incurred with the acquisition of new customers by sales representatives. Nevertheless, the building societies - according to the BGH - are not only pursuing their own interests with the acquisition of new customers. The specialty of building society savings is that a steady new customer business also benefits the building society society itself. Because only with a sufficient inflow of new funds, the low-interest building society loan can be allocated to the old customers.
You can also find other permitted and prohibited bank fees in the areas of current accounts and investments.
Bank charges for the current account
You can find out here which fees banks are allowed to charge in the area of current accounts and which fees are inadmissible.
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