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
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