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BGB 498. 3 Subsection ( 1 ) applies to real estate loan contracts on proviso that the borrower must be completely or partly in arrears in respect of at least two consecutive instalments and of at least 2. 5 percent of the nominal amount of the loan .
BGB 632a. 3 If the customer is a consumer , and if the subject-matter of the contract is the construction or conversion of a house or comparable building , the customer must be given a security amounting to five percent of the remuneration claim on effecting the first part payment for the correct implementation of the work without major defects . If the remuneration claim increases by more than ten percent as a result of amendments to or supplements of the contract , the customer is to be given a further security of five percent of the additional remuneration claim on effecting the next part payment . At the request of the contractor , the security is to be provided by retention such that the customer retains the part payments up to the total amount of the security owed .
BGB 648a. 5 If the contractor has unsuccessfully set the customer a suitable deadline to provide the security in accordance with subsection ( 1 ) , the contractor may refuse to carry out the work or may terminate the contract . If he terminates the contract , the contractor is also entitled to claim the agreed remuneration ; he must however allow set-off of the expenses he saves as a result of cancelling the contract or acquires or wilfully fails to acquire from other use of his labour . There is a presumption that the contractor is accordingly entitled to five percent of the remuneration accounted for by the part of the work not yet provided .
BGB 649 The customer may terminate the contract at any time up to completion of the work . If the customer terminates the contract , then the contractor is entitled to demand the agreed remuneration ; however , he must allow set-off of the expenses he saves as a result of cancelling the contract or acquires or wilfully fails to acquire from other use of his labour . There is a presumption that the contractor is accordingly entitled to five percent of the remuneration accounted for by the part of the work not yet provided .