Development company removes the topsoil and leaves the clay soil

2016-07-21 13:49:27

Who owns the property? Presumably not you. Accordingly, the owner can do whatever they want with the property.

Now you can choose whether you are still willing to pay the purchase price or not.

2016-07-21 14:23:35

When I reserved the plot, the topsoil was still present. I signed the purchase agreement for the plot last week. However, at that time, the topsoil was (most likely) already gone and the clay soil had been piled up. If I had noticed this before the purchase, I would have certainly addressed this point before buying.

2016-07-21 14:27:58

Already paid? When was the clay heaped up, before or after purchase? What does the purchase contract say? I would consult a lawyer or seek online legal advice to find out if the property was handed over in the contractual condition.

2016-07-21 14:28:29

Then you will probably have to live with the situation - even if it is understandably annoying. At least if the filling was already done before the purchase. At least that is my layman's opinion.

Of course, you can also contact the seller again regarding a discount, although that probably won’t help. But okay, asking doesn’t cost anything.

2016-07-21 18:41:24

When I reserved the plot, the topsoil was still present.
I signed the purchase contract for the plot last week. However, at that time, (most likely) the topsoil was already gone and clay soil was dumped on. If I had noticed this before the purchase, I would have, of course, addressed this point before buying.

Unless the condition was checked and complained about by you shortly before the conclusion and nothing was agreed upon regarding the soil composition, the legal situation looks rather bleak.

A legal approach could at best be the breach of (disclosure) duties in the so-called pre-contractual obligation (c.i.c).

But it’s weak...

A fresh "Moin" from the North,

can someone answer the following question:

New development area, >40 plots, to be developed. The owner of the plots during development is the subsidiary of the Sparkasse.
Plots were already reserved by interested parties / potential buyers, including myself, before the development.

Soil layer: 40 cm topsoil, underneath 1 m clay soil

Now I have (after purchasing the plot) found that the topsoil on my plot is practically no longer present, but only dumped clay soil, which most likely remains because for roads (of the new development area) the soil had to be exchanged.

My assumption is as follows:
Disposal of the clay soil is expensive, therefore the development company simply removed the topsoil and spread the clay soil onto the plots. However, this is now an enormous financial disadvantage for us.

Is this procedure by the development company legal?

Best regards
Arti

2016-07-21 18:51:12

Phew, judging as a layman, that's quite something.

Is it possible to research exactly when the replacement took place?

Clay soil is practically unusable and must be disposed of at great expense. If you're unlucky, you may also have to carry out about 80 cm of soil replacement (without cellar). Then there's also the clay soil additionally stored on your property.

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Development company removes the topsoil and leaves the clay soil

Musketier

partyarti

Elina

Masipulami

Otus11

MarcWen