Harakiri
2021-01-15 14:58:11
- #1
Could you provide more details about your property? To me, it reads as if the buildability in your case was generally unclear? In my case, at least for the part that lies within the inner area, this should be undisputed – so in my opinion, the wording would only really help me if it also refers to the specific placement and dimension of the building...
Well, in our case it was not necessary to be so detailed; it was mainly about defining the number of floors and protecting ourselves against the effects of a possible lawsuit (the property was only reclassified as building land via a statute).
To be clearer, here is the full text:
The purchaser acquires the contractual object as building land in accordance with § 34 of the Building Code within the designated building area and subject to the supplementary statute of the city of Bla-Bla dated XX.XX.XXXX. The purchaser is aware of the supplementary statute; a copy has already been handed over to him. The parties agree on the buildability of the property with a single-family house with up to two full floors within the designated building area as a condition, without the seller assuming any guarantee. Should this buildability not be given, the purchaser may withdraw from the contract, but may not demand a reduction of the purchase price (abatement) or damages. The right of withdrawal expires on XX.XX.XXXX; however, it is extended until XX.XX.XXXX if a successful objection against the aforementioned supplementary statute has been filed. For exercising the right of withdrawal: it must be done in writing to the seller; the relevant factor for timeliness is the receipt by the seller.
Of course, the more precisely you want to define conditions (location, building area, distances, roof shape, facade color, etc.), the less likely it is that the property owner will cooperate. But in principle, such a clause is possible.