archaeological report only after contract signing

Hello dear community,

we want to buy a plot of land, but we find the timing of contract, appraisal, and purchase price somewhat unusual.

Here is our story:

We have reserved a building plot from the city of Gudensberg in the new development area. If we sign the contract, for example, tomorrow, we only pay 3.5% property transfer tax, and the purchase price can be paid by us, if we want, only after several months.

However, the contract states that an archaeological survey will be carried out next year (because in the first construction phase, which is about 300-400 meters as the crow flies from our plot, around 2007 a skeleton from the Stone Age, etc., was found). The soil survey by the city will also only be available next year.






Now it would be most reasonable to wait until both surveys have been completed, because otherwise, we do not know 1. whether the soil is suitable for construction and 2. whether they might find something archaeological on our plot. However, if we wait, not only will the property transfer tax increase (on 01.01.2013 in Hesse) to 5%, but the price per square meter will also become more expensive in March 2013 (which totals about 4000 €).

We find it very strange that we are supposed to sign the contract first (financially, that would be the right decision) and then the city still practically carries out investigations/excavations on our land (there is a risk whether we can even build at all or whether the Amber Room could be found on our plot).

Is this procedure normal for buying a plot of land?

Do you have experience with archaeological surveys?

Is it possible to define any clause with the notary so that we can cancel the purchase free of charge if the plot is not buildable (due to the subsequent surveys)?

I can't find the Edit button.

For the image explanation. The skeleton was found somewhere in the gray area (section 1). Our property in construction phase 2 (colored) is located quite centrally in the button section.

Hello,

... since in the first construction phase, which is about 300-400 meters as the crow flies from our property, a skeleton from the Stone Age etc. was found there around 2007

Nonsense!

Is this procedure normal for a property purchase?

This can happen to you on almost any property in Cologne. If Roman remains are discovered during soil sampling or during basement excavation, the entire construction is halted.

Can you define any clause with the notary that allows us to withdraw from the purchase free of charge if the property (due to subsequent expert reports) is not buildable?

You can try – nothing ventured, nothing gained. But I don’t think the seller will agree to that. The moment you are interested in a property and then buy it, you are also responsible for whatever might be found there – even the Amber Room; although the finder’s fee probably won’t console you – in the ground.

If archaeological material happens to be found on your property, the construction site will be shut down. The find is recovered and then the site is released again; so it remains buildable. If there is a settlement of, for example, Stone Age people on the entire area, building is off the table anyway and the whole new development area will be converted into a museum in the medium term. I assume that for the latter case there will be an appropriate clause in the notary agreement.

Best regards