False information about the property in the exposé

Hello everyone,

I have a question for you:

About three weeks ago, we looked at a plot of land that we were excited about. We viewed the plot with a real estate agent and also received the brokerage agreement including the exposé for the plot. My fiancée then signed this, as we would like to buy the plot.
The exposé states that the plot is fully developed. After numerous visits to authorities and talks with the landowner, it has now become clear that the plot is not developed in the slightest and that therefore high additional costs would be incurred. As a result, we have also canceled the already scheduled notary appointment.

Since we already knew the seller privately beforehand, we would like to buy the plot privately, if at all possible, in order to compensate for the additional costs of developing the plot by saving the broker's commission.

After some research on this topic on the internet, I have often come across the term "fraudulent misrepresentation."

What might also be worth mentioning is that the landowner did not sign anything. He had listed the plot himself on [Ebay Kleinanzeigen] without stating that the plot was developed. He then received a call from the broker asking if he could also offer the plot for sale on his site. He agreed. The statement that the plot is fully developed was thus made up or embellished by the broker himself.

Is there any way to carry out the purchase without a broker?

Thank you very much

Florian

The broker is in the game and you became aware of the property through him -> no, you can't get out of that. Regardless of my opinion about brokers: This is the typical "look in the store and buy online" thinking -> terrible.

Clear "yes and no" – but there will be no legal advice provided here in the forum.

Attention no legal advice, layman's opinion:

Exiting the broker contract will be difficult if it is not done officially, meaning you must first prove that there was fraudulent misrepresentation. It is also possible that the broker's statement is correct, depending on what one understands or must understand by "fully developed." This cannot be clarified here in the forum without the appropriate plans.

If you simply handle the purchase without the broker, the broker will notice this and will then have an easy time enforcing his claim – at least initially.

So if you want to get out of it, you have to confront the broker directly and actively with the (alleged) facts. Or involve a lawyer right away if you do not feel confident doing this personally. However, as I said, I do not rule out that the broker may well be right with his version and therefore no defect exists.

Best regards
Dirk Grafe

What still needs to be developed on the property?

The complete connection to the supply and disposal networks must be made. Nothing is laid yet.

Best regards

The definition of "fully developed" is, in my opinion, not that the utilities are on the property, but that they are at least available at the street. The question is therefore where exactly the utilities are located.

I am not allowed to post the link, but if you Google "Grundstück voll erschlossen" and take the first link (which goes to B**recht.d*), someone has basically asked the same question and the answer was, among other things:

"fully developed" also means a property if water, sewage, gas, and electricity run somewhere in or along the street in front of the property. It would not be considered fully developed, for example, if one of the utilities is not available; then it is called partially developed. Just Google it and you will find confirmation of this. You would be in a good position if you had the installation up to the boundary assured in the purchase contract or if you had asked the building authority beforehand. Usually, exclusion of warranty is agreed upon in notarial contracts, so you are in trouble. 4000 euros in learning fees is a lot, but if you are more critical when building, you will make it back. Everyone pays for this once when building."