(1) Prior to concluding a consumer credit agreement, the lender is to assess the creditworthiness of the borrower. The lender may conclude the consumer credit agreement only if the creditworthiness assessment shows that no significant doubts exist, where a general-purpose consumer credit agreement is concerned, and that it is likely, where a consumer credit agreement relating to immovable property is concerned, that the borrower will comply with their obligations in connection with the credit agreement as stipulated by the contract.
(2) If the net loan amount is significantly increased following conclusion of the credit agreement, the creditworthiness is to be newly assessed on an updated basis, unless the amount by which the net loan was increased already had been included in the original creditworthiness assessment.
(3) In the case of consumer credit agreements relating to immovable property that
1. grant, following a credit agreement concluded between the contractual parties, a new right to utilise capital in order to achieve the purpose pursued by the borrower with the preceding credit agreement, or
2. replace or supplement some other credit agreement between the contractual parties in order to avoid terminations for default on the part of the borrower or in order to avoid measures by way of compulsory enforcement against the borrower,
a new assessment of the creditworthiness will be required only if the prerequisites set out in subsection (2) have been met. Where no creditworthiness assessment is necessary according to this provision, the lender may not conclude the new consumer credit agreement relating to immovable property if the lender already is aware that the borrower permanently will not be able to comply with the obligations connected to that credit agreement. Section 505d applies accordingly in the event of breaches.