Property purchase - Risk of a "linked transaction"?

  • Erstellt am 2021-01-08 10:10:13

WilderSueden

2021-01-08 14:36:23
  • #1
For the developer, this is very clever. He gets access to land even though developers are often excluded from municipal new development areas nowadays. In addition, he can build 10 plots with semi-detached houses at once, all directly next to each other. So he does not incur any disadvantages. And most buyers either do not notice the difference or only understand the significance after moving in ;)
 

HeißerWai

2021-01-08 14:49:44
  • #2
Wow, there’s really something going on here! Many thanks for the numerous contributions, I’ll try to sort things out a bit (since now some points have also been highlighted that don’t necessarily relate to the actual question, but are of course still valuable feedback for me in terms of the "Project House Construction")...


Ok, I will definitely try to pay attention to that.


Maybe the term "pre-contract" is used differently than I meant. I don’t have a concrete contract yet either; it was only "announced" verbally. My understanding, and I would generally accept it this way, is that it is merely about the prefab house company/architect wanting to secure themselves in case we ultimately decide to build with another company. A compensation amount of max. 3-4000€ was mentioned. I would see that as legitimate, provided that the planning service is then also due to us, i.e., we wouldn’t have to start from scratch again with the planning if we go with another construction company.
Under no circumstances would I want to sign a contract that generally obliges me in any way to build with this company (for example, if things don’t work out with this plot in the end). That’s what I meant by



As I understand it, the seller wants to divide the plot only after the sale for tax reasons. I think the argument was that this way it counts as a private sale, otherwise it would be considered a commercial transaction?

Maybe I am actually naive here? At least it has always been presented to us so far that the purchase via GbR is purely a formality and does not bring any disadvantages for us...

Could you please explain the point about creditworthiness a bit more precisely? My understanding so far was that the GbR actually only exists for the sale itself, that the GbR contract clearly states who gets which plot at what price, and after the division the GbR


It is actually planned that a dead-end street is privately constructed, and the costs and "ownership shares" of this street are divided among the buyers. Regarding winter service etc., I have already thought about this and will definitely inquire again how this is supposed to work.
Is access via a private road really such a taboo?

Thanks!
 

Wolkensieben

2021-01-08 15:39:09
  • #3

If a developer cannot buy land, a developer also cannot build houses and sell them complete with land. Because you buy a finished house including land from the developer. The developer remains the owner until handover. If the developer goes bankrupt, then the buyer is left with nothing and has to pay off the loan until everything is settled.

I would never buy from a developer if I had to pay a cent before acceptance.

However, the questioner can buy the land and have it built on by a prefabricated house company of their choice.

There could be difficulties with the construction if 4 people buy and have a house built by one company and the condominium owners' association (WEG) road = private street is also laid with utilities by the same general contractor and he, as the fifth, wants to build a cellar with his own masonry business and have a prefabricated house brought in from Schwörerhaus.

This can then lead to "construction obstructions."

There is a thread here where a single-family house without a cellar was built, a single-family house with a cellar, and the prime middle terraced house in between somehow causes problems. Although it's not the same constellation, no private road, but there were problems placing cranes, etc.
 

11ant

2021-01-08 15:41:52
  • #4

There are ways and means, but yes, with three or more property sales in the same year it will be considered commercial and with only one it will not.


It may well be that in the GbR partnership agreement their purpose relates only to property development and it is even stipulated that the company dissolves upon execution of the property division (but who is supposed to act as liquidator then?). But as long as the GbR exists, a note will appear in your Schufa / Crefo etc. that you are a partner in this GbR (and whether any of your GbR buddies are recorded in the debtor register). Here’s to that, a Dujardin.

No, but with all the rigmarole attached to it, it should be avoided.
You will practically be forever a neighborhood association handling errands that actually lie with the seller or the municipality.
 

Wolkensieben

2021-01-08 15:47:20
  • #5

Specifications from my hometown for urban new development plots
 

Wolkensieben

2021-01-08 16:01:09
  • #6
You're welcome, you don't have to pay as much learning money as I did. Here you get great tips for free.

If everyone agrees, for example, that it will be paved so that the kids can ride Bobby cars and draw with sidewalk chalk, and the community association holds up until the end, that is a great thing.

It looks different if someone wants a gravel road because it is easier to maintain, then it becomes difficult.
 

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