Planning contract / Please advise on cancellation

  • Erstellt am 2017-02-21 11:42:46

stephank1109

2017-02-21 11:42:46
  • #1
Hello,

I hope you have some advice:

We have the following situation:

After a long search, we decided on a building partner (yt…g kit house). The overall package suited us.

So we have initially signed a planning contract.

The procedure here is that the planning costs are included in the price for the entire construction project. However, if for some reason one does not build, the (provided?) architect and planning services must be paid. €4,500.00 net. In return, you at least receive a complete house plan.

In the meantime, we now have a private situation that currently does not allow us to start construction. In the worst case, we might not build at all for the time being.

Now I could still revoke the planning contract. However, the architect wants to keep the existing contract in place and promises that no costs will be incurred and no planning activities will be carried out until a decision is made, at the latest by the end of March.

I also have this in writing:. Here is the excerpt:

2. Planning Contract
Basically, we are pleased to implement our building project with you and feel good about it. Now the small "but".
I would like to ask you to extend the right of withdrawal or the withdrawal period for the planning contract from 10.02. to 31.03. or to somehow validly confirm to us in writing that no billable activities will be carried out until then. Please do not understand this as an act of distrust. Since a withdrawal from the planning contract would be the consequence in the case of a negative outcome of the discussed professional matter, we simply want and can exclude any cost risk here.
I hope this is possible, as we could thus save ourselves the revocation of the planning contract.

Response: I promised you this. We will initially put the planning contract on hold. I hope that you come to an amicable solution with your employer and that the "worse case" does not occur.

Is that sufficient for you??

Would you rather revoke first (risk that the architect may be a bit annoyed) or stay completely relaxed based on the above confirmation from Ytong?

We definitely want to exclude any financial risk. Could this cause problems in the end if I do not revoke the contract and will not build (provided that I also do not commission the architect for any services)?

Thank you very much for your opinion!
 

toxicmolotof

2017-02-21 13:29:00
  • #2
Letting it rest does not mean that no costs will arise.

Compare this word with the word deferral at a bank. Only the payment date is postponed.

It may be that he means it exactly as you do, then everything would be fine. But one can also read something negative into it.

Unfortunately, I cannot provide professional legal advice. But 100% certain is that in case of doubt, it is probably not the case in court.
 

stephank1109

2017-02-21 14:11:03
  • #3
Thank you in advance. So should I rather revoke, or are there still other opinions?
 

HilfeHilfe

2017-02-21 14:57:48
  • #4
we do not provide legal advice...
 

stephank1109

2017-02-21 15:21:34
  • #5
So, there is indeed a special forum section "Bauland / Verträge / Baurecht-Tipps / Amtliches", in which, in your opinion, one should not post advice on legally inclined topics. Moreover, I asked for an opinion.
 

ypg

2017-02-21 17:56:22
  • #6
You have already signed and are within the 14 days in which you can withdraw? Yes, then!

Later you can take care of a new contract again
 

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