Mangolicious
2024-11-16 21:22:29
- #1
We had promised the plot of land, but everything is still dragging on and the notarization would not be before 2025.
We now wanted to fix the contract with our preferred general contractor for applying for and securing the subsidy, and a form was attached allowing us to withdraw from the contract if we do not have a plot of land after all. The seller has now sent us the revised documents again but said that he could not grant the right of withdrawal. This basically means that if, for whatever reason, something goes wrong with the purchase of the land, we would be stuck with a house construction contract?
The seller then said on the phone that this was not the case because we have the KFW300 suspensive condition in the contract and would not receive financing if we did not have a plot of land = then we could invoke the suspensive condition.
We have looked at the suspensive condition again and as we understand it, it ultimately does not depend on the bank's loan approval but on the prior subsidy approval from the KFW (KFW website: "Once you have received the KfW approval, your subsidy funds are reserved for you -> From this point, the suspensive condition would no longer be given. Now you can conclude the loan agreement with your financing partner.").
According to my understanding, the contract becomes effective as soon as we have the subsidy approval (which we want to obtain quickly) from the KFW, regardless of whether the bank later approves the loan if we have a plot of land.
Am I wrong or are we generally being too cautious, should we just trust and sign? It irritates me that such a change suddenly comes up shortly before the contract conclusion.
We now wanted to fix the contract with our preferred general contractor for applying for and securing the subsidy, and a form was attached allowing us to withdraw from the contract if we do not have a plot of land after all. The seller has now sent us the revised documents again but said that he could not grant the right of withdrawal. This basically means that if, for whatever reason, something goes wrong with the purchase of the land, we would be stuck with a house construction contract?
The seller then said on the phone that this was not the case because we have the KFW300 suspensive condition in the contract and would not receive financing if we did not have a plot of land = then we could invoke the suspensive condition.
We have looked at the suspensive condition again and as we understand it, it ultimately does not depend on the bank's loan approval but on the prior subsidy approval from the KFW (KFW website: "Once you have received the KfW approval, your subsidy funds are reserved for you -> From this point, the suspensive condition would no longer be given. Now you can conclude the loan agreement with your financing partner.").
According to my understanding, the contract becomes effective as soon as we have the subsidy approval (which we want to obtain quickly) from the KFW, regardless of whether the bank later approves the loan if we have a plot of land.
Am I wrong or are we generally being too cautious, should we just trust and sign? It irritates me that such a change suddenly comes up shortly before the contract conclusion.