Pre-contract to use the provider's land service

  • Erstellt am 2015-03-15 17:57:56

Lars881

2015-03-18 17:21:49
  • #1
I would still be curious to know what this contract is supposed to look like and how the case of success is described there...
 

Voki1

2015-03-18 17:49:14
  • #2
That is the art of lawyers. By the way, not a particularly difficult discipline for such (mostly) unpretentious contracts.
 

Lars881

2015-03-18 18:02:10
  • #3
So you don't know a practical example?
 

Voki1

2015-03-18 18:11:03
  • #4
What do you want? A text that you can then use without paying a single cent for it? Or do you simply not believe that such contracts can be formulated?

Nothing is free. The question of belief, however, wouldn't surprise me, to be honest.
 

Lars881

2015-03-18 21:02:34
  • #5
I don't need to use such a text, since as a sales representative I basically only use pre-made contracts from the provider I represent. Just like everyone else.

I can't imagine that there is a contract that only binds the interested party if they buy a property from them. That would mean that despite this contract, the builder would still have the freedom to buy a house from another company and build on another property. That actually makes this contract unnecessary. I also wonder what is supposed to be achieved with it.

I only know the practice where something is mentioned before the contract, but the customer then no longer has any choice. From my point of view, those are simply not decent business methods and the customer usually only realizes it when it's too late. I warned against that and you could have easily disproved it now to relieve the concerns of other forum participants. Apparently, though, that was just hearsay for you as well...
 

Florian_1976

2016-08-13 10:06:56
  • #6
We have recently talked to several prefabricated house providers. All want to sell a preliminary contract. With a right of withdrawal in case no plot of land is found. This then looks like the following, for example:

"The builder declares that a plot of land on which the house purchased from XXX can be built does not yet exist. The builder is looking for a plot of land that meets his wishes with a broker he has commissioned.

The builder can withdraw from the contract free of charge, without having to pay compensation to XXX, if within 6 months, despite his prompt and persistent efforts – also involving brokers – no building plot has been found and it is certain that a building plot cannot be permanently purchased under the above conditions.

The free right of withdrawal is then not granted if the builder builds with another construction partner within a 2-year period. We refer to § 7 of the general terms and conditions." [10% of the contract sum = approx. TEUR 25]

I find the last sentence really extreme, so we certainly will not sign the service contract in this form.

Despite the discussion in this thread, it is still not quite clear to me what options there are and what consequences they entail (assuming in each case that no plot of land is yet available):

a. Preliminary contract signed with manufacturer + manufacturer’s sales finds the plot: I am forced to build with the manufacturer and have to pay property transfer tax on house+land.

b. Preliminary contract signed with manufacturer + I find the plot myself: I am forced to build with the manufacturer and have to pay property transfer tax on house+land.

c. No preliminary contract concluded, but the manufacturer knows me and finds a plot which he offers to me -> he shows me the plot; I go directly to the seller of the plot and conclude a purchase contract with him -> I can build with whomever I want; to avoid discussions with the tax office, I do not take the manufacturer who offered me the house. Morally questionable and since the salesperson knows my situation, he presumably will not enable me this scenario.

d. No preliminary contract concluded, but the manufacturer knows me and finds a plot which he offers me -> conclusion of a service contract with the reservation that it only stands as long as I buy plot xy -> I am forced to build with the manufacturer and have to pay property transfer tax on house+land.

e. I search independently via brokers/building authorities, ask all acquaintances/friends to keep an eye out if a plot catches their attention during an afternoon walk -> purchase plot -> subsequent talks with manufacturers -> I am completely flexible regarding my decision with whom I build and only have to pay property transfer tax for the plot.

Are there other variants?

We tend towards variants d+e. Is it really the case that manufacturers agree to variant d? Does it work like that if a manufacturer finds a plot for a prospect who has not signed a preliminary contract?

How do you best handle the brokers? Do you invest one day looking for brokers, making contact, registering in databases, and then inquire monthly by email about the current status or assure that interest remains?

Best regards

Florian
 

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