Legal review of a purchase contract with land service

  • Erstellt am 2018-10-24 21:49:34

Silent010

2018-10-25 10:25:02
  • #1


 

Gausek

2018-10-25 10:33:34
  • #2
We have been looking for a plot of land for a year, and in our area, it seems hopeless. We have already distributed flyers, placed advertisements, constantly checked all portals. Nothing. Not even at a high price. We can’t get a plot of land. The other construction companies just shrug and say, "there’s nothing we can do either." Town & Country is clearly more committed and is probably closer to the brokers. They say they have two plots there. Maybe they just pay the broker a nice fee, no idea, that would just be clever. As it currently looks: either forget about building a house, or try with Town & Country. But with a verified contract.

And directed to the user "HilfeHilfe": Why exactly should I accept an, in my opinion, overpriced offer from the Bauherren-Schutzbund lawyer when the service might be just as good but cheaper elsewhere? Why exactly should I do that? Just because it is the Bauherren-Schutzbund?

Is there any evidence/testimonial anywhere where plots from Town & Country were rejected by the builder and a contractual penalty was threatened?
 

Mottenhausen

2018-10-25 11:03:46
  • #3
So first of all: Town & Country is a franchise, you are not building with the "big company Town & Country" but with a small local office which draws on the Town & Country model house program, their standard contracts, marketing, etc.

Since Town & Country (let's call it that) builds "solid" (hence the lower price), they try to offer the customer added value through the "security" angle. That is their sales model. But how naive are you? The Town & Country partner wants to build with you as quickly as possible, he wants your money! He brokers a plot of land for you.

Do you really think he would say: "You better not sign the land contract"? Don’t you see the conflict of interest?

If the Town & Country partner really has plots of land that he is allowed to broker exclusively, at least have them shown to you before signing the contract. The fraud with the property transfer tax is bad enough with developer plots, and on top of that you lose any negotiating room on the house (you can't say, then I’ll just build with someone else). You should only accept these disadvantages if the plot fits 100%, which at the moment you can only hope for.

House construction contracts always have 2 withdrawal reasons: financing and land. Both cases are traps. Yes, many builders can report having been talked into a contract too quickly.
 

Gausek

2018-10-25 13:46:51
  • #4
I honestly don’t see the supposed conflict of interest. Town & Country wants to build and hopes to offer me a plot of land on which I also want to build. And of course, I only build on a plot of land that I 100% like. If Town & Country offers me an unsuitable plot next to the sewage treatment plant, then I don’t build. Where is the conflict there? Where is the trap?

The only case I see as a "danger" is if the builder can only reject a certain number of offered plots. Otherwise, Town & Country and I have the same goal: to build a house. And Town & Country increases its chance of building the house and getting my money if they offer me a suitable plot.

So again the question: is there any evidence/review anywhere where Town & Country plots were rejected by the builder and a contractual penalty was threatened?
 

Mottenhausen

2018-10-25 13:56:57
  • #5
This is not a Town & Country specific problem. Yes, you can find it here in the forum. Not everyone likes to talk about it openly in a public forum.

If you are convinced, just do it. or how people say nowadays.
 

Gausek

2018-10-25 14:14:14
  • #6


So first of all upfront: I don't know much and have never built a house. So I'm not that convinced by the contract structure. I see pros and cons. I would therefore like to have it legally reviewed. Or rather, I'm asking here for concrete experiences.

What I have repeatedly read in the forum so far is more like hearsay, could-be-bad-or-not and everything vague and unspecific. So far, the info here in the forum (unfortunately?) hasn't been able to deter me from Town & Country. Maybe that will still happen? Everyone is welcome to send me a personal message on the topic or I’m happy to click through the forum for a few more hours looking for the right thread.
 

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