Samantha1588
2020-06-06 15:50:44
- #1
Dear experts!
In 2019, two additional semi-detached houses were supposed to be built on my already developed property. For this reason, we turned to a license partner of Town & Country. The two contracts were already signed; it was clear from the outset that this project could only be realized if both neighbors signed a distance area agreement.
Since I was uncertain about the issue of distance areas from the beginning, I signed the contracts but asked the license partner to put any further planning on hold until the matter was clarified. As suspected, the neighbors did not agree, which is why the contracts, as signed, can never be realized.
For this reason, we then asked the licensee to plan a different house type that is unproblematic in terms of building regulations. This planning was then presented (their standard house, without architectural planning, etc.) with a price x. Since it was planned from the outset that we wanted to carry out certain trades ourselves, we asked the licensee to make individual cost items transparent and to send a new total price for the house – including the mentioned own services. Despite multiple attempts to contact him, we then received no further response because the license partner insisted that the new contract be signed first, which we did not do.
Now, about two weeks ago, I wrote an email stating that we could no longer imagine further cooperation like this and asked for the invoicing of the services already rendered (soil survey / property measurement) as well as for sending these documents. The deadline was yesterday.
Shortly before 9 p.m., I then received an email from the contractor asking whether this was to be understood as a termination in accordance with § 648 of the German Building Code. In response, I explained to him that, in my opinion, there is no valid contract at all and therefore no need to terminate it; because of his months-long failure to respond, we now see no common basis for cooperation, and what was presented for the new house type is in the area of the offer preparation and thus entrepreneurial risk. The tenor of his email indicated that he sees it differently.
Can someone give me an initial assessment of how the situation exactly stands or what the next steps are? We have already contacted another builder, as the old building has already been demolished and I want to move forward… but of course with legal certainty.
Thank you for your answers!
Best regards
In 2019, two additional semi-detached houses were supposed to be built on my already developed property. For this reason, we turned to a license partner of Town & Country. The two contracts were already signed; it was clear from the outset that this project could only be realized if both neighbors signed a distance area agreement.
Since I was uncertain about the issue of distance areas from the beginning, I signed the contracts but asked the license partner to put any further planning on hold until the matter was clarified. As suspected, the neighbors did not agree, which is why the contracts, as signed, can never be realized.
For this reason, we then asked the licensee to plan a different house type that is unproblematic in terms of building regulations. This planning was then presented (their standard house, without architectural planning, etc.) with a price x. Since it was planned from the outset that we wanted to carry out certain trades ourselves, we asked the licensee to make individual cost items transparent and to send a new total price for the house – including the mentioned own services. Despite multiple attempts to contact him, we then received no further response because the license partner insisted that the new contract be signed first, which we did not do.
Now, about two weeks ago, I wrote an email stating that we could no longer imagine further cooperation like this and asked for the invoicing of the services already rendered (soil survey / property measurement) as well as for sending these documents. The deadline was yesterday.
Shortly before 9 p.m., I then received an email from the contractor asking whether this was to be understood as a termination in accordance with § 648 of the German Building Code. In response, I explained to him that, in my opinion, there is no valid contract at all and therefore no need to terminate it; because of his months-long failure to respond, we now see no common basis for cooperation, and what was presented for the new house type is in the area of the offer preparation and thus entrepreneurial risk. The tenor of his email indicated that he sees it differently.
Can someone give me an initial assessment of how the situation exactly stands or what the next steps are? We have already contacted another builder, as the old building has already been demolished and I want to move forward… but of course with legal certainty.
Thank you for your answers!
Best regards