Developer contract with a UG!

  • Erstellt am 2020-01-15 20:24:02

SimonBe3

2020-01-15 20:24:02
  • #1
Hello,

does anyone have experience or advice regarding a builder contract when the builder is a UG? Are concerns justified that after the completion of the house, the UG will be liquidated quickly and therefore the 5-year warranty is worthless? Could one somehow secure oneself in advance in this case?

Thank you very much for your thoughts.
 

nordanney

2020-01-15 20:39:32
  • #2
No differently than if the developer is a GmbH or GmbH & Co. KG or AG – if they all go bankrupt, you're out of luck. This can happen just as quickly with a UG as with a GmbH.
 

SimonBe3

2020-01-15 20:43:26
  • #3


Thank you. Yes, that's true. In our case, the original company is an AG and the managing director sets up a new UG for each new construction project. Normal procedure, or should that rather be a warning?
 

nordanney

2020-01-15 20:57:06
  • #4

Yes, this is normal for larger developers. A separate project company for each project.
 

11ant

2020-01-15 22:34:23
  • #5
A developer is not a contractor towards you, but a seller. Warranty claims exist against the contractor - who should, however, be able to ensure their fulfillment. Are you sure that the company is a developer (who builds the house on the land and sells it to you), and not a land developer (who would be the builder, and you afterwards take over this company along with the house it owns)?
 

nordanney

2020-01-15 23:30:32
  • #6

Is there such a thing as a share deal for single-family homes? I haven’t seen that in 20 years and can absolutely not imagine it.

Against whom should warranty claims exist if not against the developer? You have a contract exclusively with the developer, not with his employees or subcontractors. When you buy a car, you also have no claims against Bosch, ZF, Prevent, or any other supplier.
 

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