Consumer construction contract without land?

No, I wouldn't. I also don't consider it a serious approach.

Building a house makes little sense without land, so first find land, then a construction company.

That's nonsense. They can't just pull land out of a hat. Search here in the forum, there are already some threads about it. Or can help with that

Search here on the forum, there are already several threads about this. Or @11ant can help with that

Yes, I have already covered the topic several times, the most recent summary of findings on the search term "11ant short sale" can be found here: - if the links bounce, you have to manually change the "T" in "/threads/" back to lowercase)
In short, the legislator has left a gap in criminal liability here that apparently has not yet been patched with case law – in a way, the Criminal Code has not passed the "blower door test": the "real estate service" usually means that – with moderately creative waiver of a legally required broker license – plots of land are offered in a manner similar to what one would call a "short sale" in stocks. That is, the provider does not yet own the plots, he himself first goes looking for them (of course without being authorized as a broker for this offer) or draws from a pool of randomly known land offers – but without at least having made a reservation with the seller. As you can hardly expect otherwise, the search for a replacement may then drag on forever. The risk for the prospective builder then lies in the questionable equivalence of the replacement offers. Therefore, from my point of view, the hottest follow-up question so far was

How many offered plots may you reject without having to pay damages or other contractual penalties?

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A good friend of mine – who unfortunately often listens to me too late when it would be important – is currently also searching for a plot and has been offered every meadow for more than half a year by a house provider named after a part of a poodle’s body, "that wasn’t ‘three’ up the tree." During this time, there were not even two plots on which the same house model would both fit and be allowed to be built. If he were fixed on this – that is, had already set his sights on a specific favorite house – it would be nearly guaranteed that the search would have to be fruitless.

I apologize to my fans that my guide on the topic is not yet finished, but after the editor, lawyers will also have to read it.

And to close the knowledge gap of Ms. Dentist: in 2018, the legislator determined for a certain group of cases that a classic contract for work and services was not specific enough and that a construction contract was called for. Considering the different needs for protection of private and commercial builders, the "consumer construction contract" was created.

The following happened to acquaintances of ours: they were sure that they would build with a certain regional structural engineering company. For the new development area soon to be developed in the town, they were at the top of the waiting list. So they signed a contract with the construction company and had the house fully planned. Unfortunately or fortunately, in the meantime they were offered an existing house in really unbeatable condition at a bargain price and could not do anything but accept. So now out of the contract – with a penalty payment in the five-figure range!

Or how it went in our family. A relative signs with a large prefabricated house provider (shell construction), without having a plot of land. "To secure the price." Shortly after, he finds a plot of land himself. However, the "purchased" house does not comply with the local development plan and is therefore not permitted. So a new house MUST be planned, BUT now at a new price. Of course, significantly more expensive, with less space.

No, I wouldn’t, and please don’t do it either. This is a clear scam, albeit in a legal gray area. I have already written a lot about this in earlier threads; maybe you want to take a look there. In short: They do not have any plots of land and only offer you what is available on the open market, directly and without obligation, even for you. And if they ever can offer a plot of land under certain circumstances, it is one on which, for good reasons, no one wants to build (this was the case with us) or they offer the plot of land to the party that buys the most expensive house from them.