Developer - Is withdrawal from the purchase contract possible?

  • Erstellt am 2012-09-25 11:00:36

Nina Neu

2012-09-25 11:00:36
  • #1
Hello,

we fell for a "windhund" as a property developer and just want to get out of the contracts. We had an initial consultation appointment at the consumer advice center and significant defects in the construction contract have emerged, such as the developer not providing us with a guarantee. The installment payment plan also does not comply with the real estate agent and property developer ordinance. In addition, according to the consumer advice center, there is a so-called hidden property developer model.
Has anyone had a similar experience here?

Nina
 

Der Da

2012-09-25 11:42:37
  • #2
Off to the lawyer, otherwise you won’t get out of it unless the developer lets you. In the worst case, if you don’t want to build with the developer, you will have to pay the penalty. Contracts should generally be reviewed before signing, not afterwards. Well, the child is already in the well, now only a construction law attorney can help you.
 

Bauexperte

2012-09-25 12:02:07
  • #3
Hello Nina,


The consumer advice center is not a bad first point of contact ... but now you have to take action!

You need to find a lawyer specializing in construction/contract law in building construction and discuss the matter with him. Afterwards, he will put the developer in default – this is necessary to initiate further steps. If there is still no reaction/improvement in the construction progress, the contract must be terminated or a "evidence preservation procedure" must be initiated, provided that services have already been rendered by the developer. All this can be very time-consuming, so you should not hesitate to take the necessary steps!

I currently have a case under supervision where – after 8 months – only the basement, the ground floor, and the upper floor with the upper floor ceiling completion stand; so I know exactly what situation you are in and what is advisable.

Kind regards
 

Nina Neu

2012-09-25 12:46:06
  • #4
Thank you, I had already thought that. So far, there has been no construction activity, there is still no building permit, and we had already signed the construction contract on 1.6. I will now start looking for a lawyer. Regards Nina
 

Der Da

2012-09-25 12:49:28
  • #5
Uhm, is there a problem with the construction contractor, or with the building permit? Mine also took 3 months to arrive with us after submitting the documents.
 

Nina Neu

2012-09-25 12:54:58
  • #6
The problem is the developer, as we have meanwhile realized that he is not always completely truthful. He told us by phone that the approval would be there on Wed 12.9.), but until today we have not received a copy of the documents from him despite inquiries. He does not respond to emails and we also wait in vain for callbacks.
 

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