Contract clause for subsequent purchase price adjustment in the new development area

What does the notary say about it? Basically, he is obligated to be neutral and you can also make use of his advice here. For that, he usually charges a not exactly small fee.

We only received the draft yesterday afternoon and we will still have to interview the notary about it. However, I fear that it will come down to what Baugrübchen and Hausbauer have already said. The investor sells and sets the "rules".

You won’t get around legal advice here. Maybe he has a good approach to challenge this as too imprecise and thus inadmissible. The problem will only be that before signing you have little chance, because otherwise the investor will just sell to the next one and then the saying applies, "In court and on the high seas...".

Yes, with the current shortage of land, buyers are really quite at the mercy of the situation. Unfortunately, I have no contact with the buyers of the neighboring plots, as this concerns another 5-6 plots, some with significantly larger "garden areas". It would be interesting to hear what they have to say about it.

... How about a negotiation? The risk that paying more according to the current benchmark could still be worth it for the contract given the location of the property.

It is definitely a good idea, unfortunately the price for the property is already pushing the limit strongly.

"Ask a lawyer". They will help you.

In summary, the content says that if the municipality decides within the next 20 years that my garden land (40% of the property) is now also (raw) building land, then I must pay the difference between the current standard land value (worst case in 2041) and today's purchase price to the previous owner (investor).

You would then profit. Alternatively, the seller can speculate themselves and sell you the land only in twenty years. What this is about is called a "Besserungsschein" and I see no reason against integrating it into the contract text.

The notary is a lawyer. And one you are already paying anyway. Ask him!

You benefit then. Alternatively, the seller can speculate himself and sell you the land only in twenty years. What this is about is called a "Besserungsschein" and I see no reason against integrating it into the contract text.

Thanks, but I would unfortunately not speak of benefiting here. First of all, you get unknown variables (possible timing and unknown standard land value). I am acquiring the property at the current time and can hardly afford a higher rising land price then. That means I would have to refinance within a short time, and the additional interest makes the whole thing more expensive.

The notary is a lawyer. And one you are already paying anyway. Ask him!

Yes, thanks. But in this case, he still acts in the investor's interest