Consumer construction contract, construction contract not executed - compensation for damages?

  • Erstellt am 2023-03-16 12:28:43

Adriano273

2023-03-16 12:28:43
  • #1
Hello dear community,

in 2021 we concluded a consumer construction contract with a large residential construction company for the construction of a single-family house.

In a conversation with the broker, we were told that we would have access to exclusive land offers that are only offered to customers who have signed a contract.

Furthermore, we were told that no costs would be incurred if we ultimately did not find a plot of land on which to build the house.
Thus, we would not take any risk at all.
Only if we found a plot of land would we have to build with the company. That was also okay for us.

Unfortunately, we were so naive and signed the contract without having it checked and trusted the statements of the broker.
As a result, we did receive offers. However, these were mostly already known to us from public portals (thus no exclusive offers).

Due to the extremely increased prices for land, we soon had to say goodbye to the dream of our own house, as our limit was exceeded.

We did not think any further about the contract.

At the beginning of 2023, we received a letter from a law firm informing us that the contract is considered terminated due to non-fulfillment of cooperation obligations with the legal effect of termination for cause in favor of the client.

Based on a net construction sum of EUR 170,000, we are requested to pay EUR 60,000 within a few days.

We were shocked by the amount we have to pay. Of course, we are aware that we signed a contract without really being clear about the consequences. Had we had the contract checked or had the broker honestly informed us about the possible consequences, we would never have signed the contract.

Are there perhaps others affected who have had a similar experience?
Or does anyone know of cases where those affected were able to successfully defend themselves?
Or are there affected parties who have settled?

We would be grateful for tips.
 

cschiko

2023-03-16 13:13:27
  • #2
So I think the only option is to advise going directly to a specialist lawyer! However, the chances may not be that bad, because a €60,000 penalty on a €170,000 net construction sum could very well lead to this contractual penalty and possibly the entire contract being invalid. BUT for that, the specialist lawyer whom you should consult promptly will advise you!
 

Nemesis

2023-03-16 13:14:46
  • #3
Other people should best answer your questions, but maybe can link the relevant threads again... it's insane that in 2023 one still has to warn so extremely about these topics... when you think of the number of unreported cases that never show up in the forum... highway robbers, such "sellers".
 

hanghaus2023

2023-03-16 13:37:45
  • #4
We do not know the contract. Go to a lawyer. Legal advice is prohibited here.
 

11ant

2023-03-16 16:12:13
  • #5

Hopefully, this is understood as a total sum consisting of the claim and lawyer fees. Which unfulfilled cooperation obligations are even being alleged against you?
I do not recall any variant of this scam that would require further cooperation obligations beyond the foolishness of signing (and thanks for further hints on what distinguishes a new variant).


Regarding this topic, I have actually said everything already:
- about the scam itself

- about the search terms

(another hot search term here would be "Grundstücksservice"), and
- about whom to contact also only recently
 

Steffi33

2023-03-16 16:22:45
  • #6
He is not looking for legal advice here, but for "fellow sufferers" to exchange with. I find that legitimate. Such a thing can make you sick.
 

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