Purchase Agreement / Developer Agreement

Hello,

we have some unclear clauses in the contract:

- Invalidities in the broadest sense and contractual gaps of any kind do not affect the validity in other respects!

- May the living area be stated as approx. in the contract? (Deviations are only to be compensated if the difference exceeds 2%. Is there 2% of an area of approx. 170m2???).

- The purchase price installments are due within 10 days after receipt of a written request (we would prefer 14 working days here; however, the BT will probably not agree to this).

- The authorized representative is exempt from the restrictions of §181 of the Building Code.

Are these normal clauses? Or are there certain risks here?

Regards Gerda

Hello Gerda,

Your questions partly fall within the area of legal advice; this is reserved exclusively for advisory professions in Germany and therefore may not be answered by the mods or the users.

Consult a lawyer and clarify your questions in this regard there.

-Is it allowed to state the living area as approximate in the contract? (Deviations only have to be compensated if the difference exceeds 2%. Is there 2% of an area of approx. 170m2???).

Yes. Bricklayers are rough, but not fine motor skills ;)

-The purchase installments are due within 10 days of receipt of a written request (here we would like 14 working days; however, the BT will probably not agree to this).

Why should he agree to that? He has done his job upon invoicing, thus has advanced payment. Once the agreed time according to the payment plan is reached, he is entitled to his money promptly! By the way, 10 days is very generous; most providers demand 8 or 5 working days as the payment term.

Kind regards

-Ineffectiveness in the broadest sense and contractual gaps of any kind do not affect the validity otherwise!

Hello Gerda,

I don't think I'm giving legal advice when I give you this tip:
Take any other contract (insurance, employment contract, car purchase, magazine subscription, ...) and see if you can also find the "severability clause" there :)

Best regards
Micha :cool: