Effectiveness of termination in our special case

Hello dreamers of homeownership and those who are already living their dream!

As for us - we would like to know whether the termination with the company ... is effective in our special case.

We, like hundreds of other builders, have been unfortunate to find that the company is bankrupt (or not) or insolvent (or not). In any case, we want to exit the contract and build with someone else. We have sent an immediate extraordinary termination to the company. So far, we have only received confirmation that our letter is being processed.

We could not state a reason for termination itself because we are at the following stage:

We transferred the first two installments to the construction company (around €23,000) and have only received the construction documents from them (these are currently with the building authority for approval). We have already accepted that we will not get the money back (or at least part of it – the construction documents are definitely not worth €23,000). We only care about a legally correct separation from the construction company. According to the Building Code, the termination seems to be in order, the company has received money from us (even more than the services rendered), and therefore it is not allowed to claim damages. No construction schedule has been created for us, and no construction companies have been designated to work for us. So they prepared construction documents for us, and we paid a lot for those – end of story.

What do you think – is that correct?

So dear dreamer... the most important thing now is first to determine the current status quo! 1. Is there an insolvency? Check: [Insolvenzregister] 2. How does your legal transaction with this contractual partner behave and do you possibly still have 2a. claims against them due to an overpayment or 2b do you possibly still have payments to make. (Yes, even that is now conceivable if you simply terminate without reason!) And therefore it is really important that you get moving immediately and find a specialist lawyer for construction law and/or contract law and get advice there. And without knowing the case in full, unfortunately no forum can take away that nasty feeling in your stomach... Even though I wish no one this circumstance and pity you for having such bad luck. Now it is about doing the right thing and not panicking by sending unjustified termination letters... Good luck! -ks

Hello,

And we, like hundreds of other builders, have been unfortunate in that the company is bankrupt (or not) or insolvent (or not).

Hürth?

In any case, we want to rescind the contract and build with someone else...

The problem with all of you - regardless of whether Hürth is correct or not - is that you concluded contracts for sums that a reputable builder cannot build for. I know what I’m talking about; I currently have two so-called work contracts on my desk and, upon detailed calculation—if I ever manage to get through all these papers and their respective validity—I come up with about EUR 40,000 more; aside from the fact that the structural engineering was partially disregarded in the construction project so far ... with the approval of an expert :-(

As a reason for termination, we could not state one, since we are at the following stage: ... So they prepared construction documents for us and we paid quite a lot for them - end of story.

You forget to mention, among other things, that you signed a work contract whose amount on the cover page cannot be adhered to realistically, and you signed a payment plan that is beyond "good and evil"!

No one here can help you—the said company currently decides—at least it feels like it—based on goodwill (or the cleverness of the opposing lawyer). If you have already issued several defect complaints with deadlines and your lawyer has additionally set a final deadline for proper commencement of construction... you could have a good chance to get out of the contract. HOWEVER, whether this means you will get your money back is written in the stars.

Best regards