Contract for land purchase - obligation to build within 2.5 years

  • Erstellt am 2020-07-13 22:03:53

MontyPython

2020-07-15 13:16:36
  • #1
As I already wrote, the development carrier is accommodating us regarding the construction period. Picking up on your note that the period only starts after the completion of the development work and approval of the plots, I can only clarify this with the notary tomorrow. The draft states that the period begins after transfer of possession, which takes place on the day of the crediting of the purchase price. We have also inquired about the question of the 50% compensation in case of repurchase. Compensation is apparently common but not at this compensation level. That would be far too little.
 

MontyPython

2020-08-05 14:26:48
  • #2
The construction period is now 3 years until the closed shell. The retransfer, if already started, has now also been adjusted. Evaluation is carried out by an expert committee.

Only one thing worries me: Der Verkäufer ist auch berechtigt, die Rückübertragung des Grundstücks zu verlangen, wenn der Käufer den Kaufgegenstand unbebaut verkauft. Der Käufer trägt alle Kosten die mit der Rückübertragung verbunden sind. Does this mean that if we unexpectedly want to sell after all, we could not actually sell freely? We would thus be the owners of a property that is not transferable, or only transferable at high costs to the original seller. I understand that this is again only a theoretical case, since we obviously want to build, but still it does not feel right.
 

Foxilein

2020-08-05 14:31:17
  • #3
It says something similar with us, with a validity of 10 years. It is meant to avoid speculation.
 

tomtom79

2020-08-05 14:32:07
  • #4
That is meant to deter speculators and yes, that is lawful and happens quite often.
 

K1300S

2020-08-05 16:02:48
  • #5
Everything completely normal. In a commune known to me, plots are even sold with a two-year building deadline - no negotiations allowed. You have one year to start and then another year to complete the construction. It should be clear that the plot may not be resold undeveloped; this clause expires afterwards. In the case known to me, the buyer even has to pay the cancellation fees at the land registry office. It is simply a seller's market.

[Apart from that, however, I also know that the repurchase clauses only come into effect in very rare cases. Apparently, one is generally quite lenient - and of course does not want to cause (unnecessary) stress at all.]
 

DASI90

2020-08-05 17:16:16
  • #6
Is, as already said multiple times, completely normal. Above all, the repurchase right can be deleted as soon as the first excavator rolls onto the property. At least, that's what we were told. After that, of course, there is still the obligation to continue living there yourself. But that is at most associated with penalties and no repurchase. Besides, I doubt that it is regularly practiced if one moves to another location earlier.
 

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