Evacuation Withdrawal Agreement

First of all, greetings to everyone,

as I already wrote above, I am interested in what an "Ausräumung Rücktrittsvereinbarung Baufinanzierung und Baugrundstück" is, or what it means. Yesterday, we received a letter from our general contractor with this title, which we are supposed to sign and return to him within 2 days.

The letter states that since the construction financing has now been finalized, the withdrawal agreement for the construction financing will be nullified at the same time. Furthermore, the property is available to us.

However, the construction financing was finalized last year, as we already signed the construction contract in March of last year. In addition, we have legally owned the land since 29.03.2012.

Now I do not understand the purpose of this signature. Does anyone of you know what this means, or if I/we have to provide the signature?

Regards, Gerhard

Hello Gerhard,

I just double-checked the date before replying to an old thread – why on earth did you sign the contract for work a year ago?

as I already wrote above, I would be interested to know what an "Ausräumung Rücktrittsvereinbarung Baufinanzierung und Baugrundstück" is, or what that means.

That is a security for the client, i.e. you, in case neither comes about. Usually connected with a free right of withdrawal.

Yesterday we received a letter from our general contractor with this title, which we have to sign and return within 2 days.
The letter states that since the construction financing has now come through, at the same time the withdrawal agreement for the construction financing is being cleared. Also, the land is now available to us.
But the construction financing was already concluded last year, as we signed the construction contract back in March last year. Furthermore, the land has legally belonged to us since 03/29/2012.

Take a look in your contract documents – did you agree on special formulations for the rather late start of construction that now need to be cleared? Fixed the fixed price until move-in? Or formulated other rights that need to be cleared at the start of construction? Possibly only signed a preliminary contract?

Either something is stated in the contract for work or your GC simply made a mistake – considering the upcoming start of construction and the gap between the contract and the beginning of earthworks – that can happen.

Talk to him on Monday and you will see more clearly. In any case, clearing such a right has no disadvantages but also no advantages (only for the GC, who needs legal certainty) for you; assuming you are describing the situation truthfully, which I do.

Rhenish regards

Hello construction expert,

first of all, thank you very much for your reply. We have signed a withdrawal agreement and, thanks to your tip, checked it right away. The right of withdrawal automatically expired when we started building. Since we have already given a signature with that, I no longer see the new signature as necessary.

The timing (signature of the construction contract, etc.) is indeed correct, despite a so-called 6-month construction period guarantee (my tip: don’t always believe what the word promises, better to get in writing until when, etc.) it still takes a very long time until our house is finished. That’s why my wife and I are already desperate enough, because we have had the double burden since January. We are therefore also considering getting legal counsel involved, but that is a different matter.

Gerhard