Construction contract before financing

Want to build with the same company and have the same problem. They want me to sign a construction contract so that they hand over everything for the bank and reserve my desired plot of land. The question is what should I do? Allegedly, I have a free right of withdrawal if I don't get financing. But what if the plot suddenly disappears? It doesn't even belong to the construction company but to a broker. There is nothing about this plot in the contract. I assume that then I am obliged to look for another plot. Then he claims the contract is only preliminary and will be changed upon approval of the loan... Can that be possible?

you can just sign a contract with exactly the one property. put a clause in that the contract is void without exactly that one property and that's it. the important thing here is that the property is named precisely (e.g. parcel/ map/property number etc.) so that there are no legal disputes in the end. as soon as something seems sketchy, say so immediately and at the slightest pushback look for another company. don’t let them talk you into it. if they mean it, they can put it in the contract. shady contracts guarantee shady constructions, if anything is ever even set up at all

1. Have the contract draft checked by a) a building expert (for example at the Bauherren-Schutzbund) and b) by a lawyer (because of the wording of the right of withdrawal).

2. If a) + b) basically give the green light, then there should be little against signing.

3. If there is no green light from a) OR b), then do not sign the contract, even if the property (which of course does not belong to the real estate agent) is then lost.

Don’t let yourselves be baited with the same jokes all the time. A crowd of interested parties will not come hopping out of the bushes in the next 15 minutes. And if they do, then keep looking, but do not sign a contract whose scope you cannot assess.

Good morning,

Want to build with the same company and have the same problem.

I don’t know which provider you mean ...

But what if the property suddenly disappears? It doesn’t belong to the construction company itself but to a broker. The contract says nothing about this property.

I would like to point out one thing ...

... there is a group of providers – all united under one roof as subsidiaries – whose sellers are instructed to go through the internet daily and advertise both free-standing and broker-tied plots with their houses. The primary goal – to conclude the work contract – should be clear even to a layperson. The catch in all this: the advertising company has no access to the property advertised in this way; the broker with an exclusive mandate / private seller will always send the first solvent buyer to the notary, and that does not necessarily have to be the contract-bound potential builder.

If the free right of withdrawal is then not clearly tied to a property "x", if not all facts are formulated so that the contract can actually be withdrawn from free of charge (see Volker’s contribution), the builder thus lured will have gained a partner for life ... in all consequence!

Best regards from the Rhineland

Hi,
Thanks for the answers.
I have now given the contract to the lawyer. Probably just see what comes out of it, but one thing is for sure, I will demand a special agreement that I will only build the house on this one plot of land. I'm curious if they will accept that.

Hello,

basically, I am against signing a contract for a house if I am not yet the owner of the land or at least have a written commitment from the landowner (not from the agent or the house seller) for the sale to me.

The right of withdrawal is fine, but it is usually linked to conditions that can end up costing a lot of money.

Did the house seller at least inform you that with this contract structure, you will most likely have to pay property transfer tax for the land and building (linked transaction)?

Regards,

Dirk