Allkauf house financing condition

There was no agreement on by when I have to buy the house, if I decide not to buy a house at all in my life ... would anything happen then? Can they pressure me to have the house built? Regards

Hello,

unfortunately, we have signed a house contract with the reservation of financing. Nothing was written under the construction address in the house contract, as no plot of land was available either. The reservation is limited and binding until 09.05.2015.

now we have considered that we do not want to build a house after all and want to continue paying rent for years. Can I simply cancel from 09.05.2015 or 10.05.2015 within two weeks without having to pay cancellation fees or compensation?

That depends on the goal and the exact wording of the right of withdrawal. Since I know the internal affairs at Blauen quite well, I would like to assume that you will have to pay an amount "X" in any case as a settlement.

Best regards from the Rhineland

However, we have received an email from the sales consultant where he explicitly states to us...

that if we do not receive financing approval or do not acquire land, or if financing cannot be made possible for these reasons, we can withdraw from the house contract within two weeks from 09.05.2015 and have no obligations to pay cancellation or damages. This would also be accepted by Allkauf Haus.

Should we rely on that? What do you think or what do you all think?

Regards

Hello,

once again - it crucially depends on the withdrawal agreement confirmed by the Blue side!

Wir haben allerdings von dem Verkaufsberater eine Email erhalten, wo er uns das ausdrücklich formuliert...

The sellers are bound by instructions - even as independent sales agents. They can write and tell you a lot...! Only what has been confirmed "in black and white" by the Blue (applies to any other provider as well) has a binding effect!

Rhineland greetings

Short and concise: Lawyer for Contract Law
We do not know the exact contractual formulations (except for a few exceptions). We also certainly cannot assess how the seller's statement should be interpreted.
There are situations where you have to rely on professionals. Especially in legal matters - "Having the right and getting the right are two different things." Or in the words of a lecturer: "Which (exam) answer in the subject of law is correct is a matter of interpretation and depends on the reasoning."

Hi, I also have a question about that. I don’t need legal advice... just want to know if I understand it correctly. I would be happy if someone could briefly answer.

I have concluded a special agreement on the right of withdrawal for the property. According to the caseworker, I can also withdraw if the financing fails and I therefore cannot acquire the property. I myself also understand it that way. How do you see it?

It states:

1. The house contract concluded between the contracting parties is made under the condition that the builder can acquire a property that can be built on with the house to be delivered and constructed or another Allkauf house.

2. The builder has the right according to § 346 Baugesetzbuch to withdraw from the house contract if the builder cannot acquire the property by notarized contract conclusion by 25.03.2016 at the latest, although he has made the efforts agreed under 1.