Cancellation of house contract prefabricated house construction - claims for damages?

I had already read through §648a (5) Baugesetzbuch, but what is an important reason?

Don’t you have legal expenses insurance?

I would think carefully about the advice to cancel and take the advice to consult a lawyer

We simply canceled our contract for work in writing without formality. After 2 weeks, we received mail from them and we were out.

But in addition to the contract for work, we had an extra document with 2 reservations; which referred to the property and financing. In other words, if we had wanted to build the house, we would have had to clear those reservations.

Maybe it's true after all and they are accommodating and I can cancel for free as the advisor said. However, I don't necessarily expect that ;-)

Unfortunately, we do not have such a reservation in writing, everything was only discussed orally (3-pillar model, allegedly cancellable free of charge at any time) and drawn by the advisor, and he did not want/was not allowed to give it to us.

Hello,

this topic has actually been discussed many times already, but we have not yet found any conclusive remarks, i.e. the forum members who wanted to cancel or already cancelled have unfortunately not further communicated how they ultimately reached an agreement with the respective house provider. Therefore, we would generally appreciate feedback on how things ultimately ended up for those affected and also hope for advice with possible solutions.

Briefly about our case:
We had a sales meeting in which the show house was presented to us and the rough framework and our ideas for building a prefabricated house were outlined.
At the second sales meeting a week later, we were verbally promised that the prefab house provider had various plots of land available in the area where we wanted to build, and later in the conversation we were presented with an offer for the house construction (based on our information from the first sales meeting) and discussed before signing, in which this plot of land was included in addition to the costs for the house.

Since we did not have a plot of land and the whole thing sounded good, we let ourselves be "rushed" by the sales advisor and, naive as we were and as we now know, signed a house contract. previously (as described in several other cases here in the forum and of course only orally), that it was merely a preliminary contract and the company only wanted to legally protect itself so that we could not build the plot of land they offer us after signing the contract with another provider. At no time was it mentioned that the provider has no plots of land!

In this conversation, the sales advisor also assured us that we could withdraw from this contract free of charge at any time if we did not have a plot of land or if the financing did not come through (as also described in several other cases here in the forum and of course only verbally).
When I asked where this was stated in the terms and conditions, he referred me to §6 – Construction and Delivery Conditions, which deals with the fact that the company is only obliged to perform its services once the client has fulfilled all his obligations (such as building permit). He then said that this passage also implies that we could withdraw at any time if the above cases occur.
However, to date we have neither a plot of land nor financing. The provider, of course, contrary to the misleading statements of the advisor, has no plots of land. We were only shown plots from real estate portals that we had already seen ourselves and which did not meet our requirements.

Now my actual question:
This seems to be a common trick in the industry (actually I would say deceit by pretending false facts, but since it was only mentioned orally in the sales conversation, unfortunately I cannot prove anything) and one should be able to take action against it. Do we have any prospects of getting out of this contract without claims for damages?
And if not, can the provider insist on the 10% of the stated costs mentioned in the terms and conditions here? According to §648, it would only be "5 percent"? Apart from a few phone calls with the sales advisor and the incorporation of the house into the construction plan of a possible plot by an architect, no services seem to have been provided by the provider.

We initially wanted to use the forum’s possibilities and the community’s experiences before ultimately consulting a lawyer. Please also do not write answers referring to our naivety and gullibility, we ourselves know that we really messed up here :-(

Thanks in advance for your answers!

Hello Manni0815,
I have the same problem. How did you solve it? Or did you have to pay for it?