Contract subject to reservation!! HELP!!!

  • Erstellt am 2011-01-31 21:32:25

yvi

2011-01-31 21:32:25
  • #1
We have concluded a house contract with a prefabricated house company. This contract was made under reservation (land) and states the following:

1. The house contract concluded between the contractual parties is made under the reservation that the builder can acquire a plot of land that can be built on with the house to be delivered and constructed.

2. The builder has the right to withdraw from the house contract according to § 346 of the Building Code if the builder cannot acquire the plot of land by 01.03.2011.

3. The builder must prove that this withdrawal condition applies. The builder can only declare the withdrawal within a period of two weeks, which begins on the day the deadline specified in sentence 2 ends. If he does not declare the withdrawal within this period, the withdrawal is excluded and the reservation thereby lapses.

The background is as follows...

The prefabricated house company wanted to build a house with us with two apartments, but these apartments should not be built on top of each other but side by side. Basically a semi-detached house, but separated according to WEG and not real. In order to realize this construction project, a suitable construction partner has been sought by company O. and by us in recent months. Unfortunately, no one has been found to date. Therefore it is also not possible to acquire a plot of land by 01.03.2011.

Now we would like to terminate the contract early as we have received an offer for a real separated semi-detached house from another construction company. Our contact person at the prefabricated house company O. informed us by email that company O. is willing to terminate the contract early and that no costs will arise for us. Last week we sent our contract termination in writing to company O. and have now received the reply that examinations still need to be carried out and inquiries need to be made. We would be informed within the next three weeks whether the contract would be terminated or not!

Now my question...
What else can still be coming our way?
How can we prove that we cannot acquire a plot of land?
Our contact person at company O. wrote to us that we should simply mention in the letter that we cannot acquire a suitable plot of land and we have done so accordingly...

I would be very grateful for a response.

Best regards

Yvonne Jäger
 

Bauexperte

2011-02-01 13:18:43
  • #2
Hello Yvonne,

First of all: My answer is only a first assessment of your question and cannot replace a comprehensive examination of the facts in the concrete case. The area of specific legal advice is assigned to lawyers as a task in Germany, and I am not one! So, §§ 280 to 286 Baugesetzbuch inevitably also arise from § 346 Baugesetzbuch …

The right of withdrawal is based on the assumption that you wanted to search for a plot under exactly these conditions and, if in doubt, your seller will testify to this fact.

Have you described the specific situation to him, that is, also that you have a competitive offer?

Apart from the fact that most reputable providers do not place great value on a legal dispute with their customers, if your provider does want to litigate, it will probably depend on the interpretation of the agreed right of withdrawal. You entered into a legally binding contract, which I assume has probably already been confirmed. The fact is, if I am not completely mistaken, that you have entered into further negotiations with a third party within the period for withdrawal. Therefore, you will have to accept the question of why you did not inform your original partner about your wish – separated semi-detached house – and thus denied him the opportunity to offer you a corresponding plot. It is much easier to find a partner for a “normal” semi-detached house than for one separated by residential units.

Again, have you informed him about the competitive offer?

Kind regards
 

Happybauen

2011-05-29 15:30:26
  • #3
Hello,

has O. acknowledged your reservation and terminated the contract with you?

We have exactly the same problem, house contract with land reservation, we declared the reservation because the land could not be acquired and received the same answer:


"We have now sent our contract termination in writing to the company O. last week and have now received the answer that further examinations need to be carried out and inquiries need to be made. We would receive notice within the next three weeks whether the contract would be terminated or not!"

After 4 weeks, we then received the answer that the land reservation was not effectively asserted by us and that 15% costs would be incurred if we intend to cancel.

We are currently considering what to do now.

Thank you for an answer.
 

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