Consumer construction contract without land?

Hello,

I am happy to share my own personal experience here. We recently signed such a contract ourselves, from which we, to get ahead of the story, have fortunately already exited again thanks to the right of withdrawal. Especially in metropolitan areas and their surroundings, finding land is becoming increasingly difficult, partly because many plots never even reach the market and everything happens through "connections." Therefore, this land service is naturally very attractive, also for us. Our conditions were actually quite clear:

- We could refuse as often as we wanted
- The contract was limited to 12 months
- The radius in which the plot should be located was clearly defined
- If we had purchased an existing building, we could have terminated the contract again

So far, so good. However, a "placeholder house" was then planned, which could be completely discarded and redesigned depending on the plot. For example, switching from a single-family house to a semi-detached house. (Depending on the plot and how flexible we were) I will now try to summarize this really in bullet points and get as little worked up as possible about our naivety at the time of signing the contract (Bien-Zenker by the way)...

- Placeholder house was a rough price indicator; equipment and additional costs for selection were unknown
- Then a plot was suggested, a project with a semi-detached house. So we would have had to completely redesign
- An existing building would have had to be demolished on the plot. The demolition company that had cooperated for years gave a rough estimate for the demolition
- Pressure was applied to arrange a notary appointment with the owner → direct quote, we’ll manage the house later... the plot is only reserved until such and such date (By the way, the plot really existed and we were on site to see it. The owner's data was also finally sent to us. The project itself would have been great, but the process was a disaster)

--> Note to myself: Listing it like this first shows what an impossible and stupid construct this already was....

- Status quo: At this point, we were supposed to arrange a notary appointment without a house price, with no idea how much additional cost for selection would still come up, without exact plot costs (because the demolition costs from the well-known and friendly company could not be fixedly promised...) and without the plot having been surveyed since it would have had to be divided. Apart from the fact that the bank would not lend a single cent for such nonsense, I wonder how the HVs of Bien-Zenker thought this through.....

When we finally woke up, we made it very clear what we needed at all to even consider a notary appointment.... The well-formulated email with our worries and demands was answered in a way that blamed us for these uncertainties. Moreover, after meeting with other builders, things came to light that can at least be described as very differing information flow between the builders or, and that fits better, important information was consciously withheld. Fortunately, the contract process took so long that the last signature was less than 14 days ago. --> Right of withdrawal and goodbye!

Looking back, the fact that we signed the contract at all was a mixture of desperation (to build a house) and trustfulness. Well, you learn from your mistakes and I am convinced that my experience is not the norm!

After now properly informing myself (yes, I know, Step 1a before signing...), comparing, and having many conversations with other prefab house companies that also offer a land service, I come to the conclusion that I do not want to demonize the construct in general. For me, the following parameters must be right:

- It must be clear from the start which house with which equipment you want to build, a fully planned house with costs as precise as possible
- For this planned house, a plot is then sought within a clearly defined radius with my budget and m² expectations
- We may refuse as often as we want
- The contract is limited to 12 months
- If purchasing an existing building, we could terminate the contract again

The professional consultants also gave me no great hopes regarding the land search in our area (Rhine-Main) and warned of some pitfalls, without me having reported on our fiasco. Moreover, there are only a few providers who would do all this under the above-described conditions, so you can sort quickly. One last thing: Never sign anything at the desk during a meeting, take your time to review the contract calmly and preferably with legal support!!! Sometimes, and I had to realize this reflectively as well, it is the absolutely obvious things that you inexplicably do wrong.

So, that’s it from my side

Regards

... and I am convinced that my experience is not the rule! ...

Exactly this experience maybe not, but similar ones that lead to the same result. A house is sold to someone in good faith, and whether or where it can ever be built does not interest the house construction company, as they receive a lot of money in case of withdrawal.

Not exactly this experience, but similar ones that lead to the same result. A house is sold to someone who trusts in good faith, and whether or where it can ever be built does not interest the construction company, because in case of withdrawal they receive a lot of money.

He only wrote that so the company involved cannot take any legal action.

and I am convinced that my experience is not the rule!

I don't think you really realize how large the number of unreported cases is (and how representative your story is). All the more reason you deserve thanks for stepping out of invisibility and here almost going on the stage of the "Fuckup Slam." Also, your recipe

- For this planned house, a plot of land within a clearly defined radius will be searched according to my budget and m² requirements - We are allowed to reject as often as we want - The contract is limited to 12 months - If we had purchased an existing building, we could have terminated the contract

is not yet a guaranteed solution, but already a good "makeshift mask." .

because many plots no longer make it onto the market at all, but everything goes through "connections." That is why this plot service is of course very attractive, also for us.

Unfortunately, such a service (in my opinion also in the dark gray area of §34XY GewO, but that is not the customer's problem) also only boils with (stale) water. The business model is basically "to turn despair into hope," and basically the salespeople gamble on whether they earn a commission for a house or for contract termination. What these Maxes and Moritzes deserve in return, I leave to the imagination of the interested readers and limit myself to the conclusion: "when this was known in the village, there was no trace of sorrow" I read overall that your search is still ongoing. With "11ant Barthel" you should find my tips here; otherwise, I’m also known at gmx (de).

Many prospective builders and interested parties turn to house construction companies when they are looking for initial ideas - especially in model homes. Actually, only those who already have a plot of land qualify as customers (the first question a house salesperson asks). If this is not the case, there is no chance of a sale - unless you make such a contract. For the builder, this is quite nonsense, as it is almost a miracle if the design of the house and the later found plot fit together. So the order is: set budget and goal, buy the plot, and then choose the construction partner. Those who do not help in advance without a contract are simply excluded from the selection.

Wow, first of all, thank you very much for your many, sometimes very detailed experience reports/opinions. These have really helped me a lot and convinced me that my approach (buying a plot of land, having an architect appointment with the building partner, and then signing the construction contract) is already the right way. Thank you for that! The "sellers" as laypersons always give the impression that one's own perspective is not usual/feasible in practice.

But now there is another problem. Would you even build with such a building partner after you have found a plot of land yourself? When I was looking for a building partner back then, I oriented myself on test results, and the building partner (which in German "connects city and country") is according to a test one of the fairest providers towards its customers. Honestly, in the conversations, I also had a good feeling so far, until a consumer construction contract suddenly arrived that I should calmly "sign first." All individual changes could then still be adjusted afterwards. Fortunately, I read that this is exactly a contract like any other and everything you signed with it is part of the contract.

What you wrote to me, however, also gives me concerns about further cooperation if I have found a plot myself. On the other hand, it is also the case that no matter which building partner you search for on the internet, there are always negative experience reports that make your hair stand on end. Therefore, I am not quite sure whether every building partner does not somehow try to trick in other ways.

I have already had several conversations with solid house and prefab house providers and always had the feeling that in the end, neither the result nor the approach was achieved that I wish or that is customary. By now, I have almost lost the desire to build at all, which actually should not be the case.

Of course, everyone wishes for a building partner with whom they plan and after period XY their house simply stands. But if everyone already tries to trick or hide things in the initial conversations, it is not really fun. Does building a house really ALWAYS mean trouble, or are there still providers you can rely on without having to stand under pressure on the construction site every day yourself to make sure anything actually works? Because if I could do that, I would build on my own.

Do you maybe have tips/guidance for me in this regard? I am planning a solid house bungalow because the price is almost the same compared to a prefab house bungalow and apparently I can plan/design it somewhat more individually.