Reservation fee / credit towards the purchase price of a prefabricated house

Hello dear forum community, I need your experience please. The following problem presents itself to me: We have reserved a prefab house including land based on an Immoscout ad. The land is still owned by a private person. The sales representative of the house builder mediates between the contracting parties and takes care of everything related to the construction. Unfortunately, the reservation confirmation does not mention anything about "crediting towards the purchase price or the land," although, in our opinion, this was said. My problem now is that the intermediary (I deliberately do not say broker, since he is an employee of the prefab house company) insists on this money and no one wants to hear anything more about "crediting towards the house price." He did offer me to withdraw from the reservation, but I still want the house :-). Are these fees allowed to be charged even if the intermediary is not an official broker and the ad stated "purchase without broker commission"? Or was I just dumb to sign something like that? Thanks for your answers. I hope I have explained it clearly :-)

Hello Schmiddi,

The sales representative of the home builder mediates between the contracting parties and takes care of everything related to the construction. Unfortunately, the reservation confirmation says nothing about "crediting towards the purchase price or the property" although in our opinion this was stated.

Could the reverse be implied there? For example, if the purchase does not happen, the reservation fee remains with the seller?

My problem now is that the intermediary (I deliberately do not say broker, since he is an employee of the prefabricated house company) insists on this money and no one wants to hear anything more about "crediting towards the house price."

Are you sure he is an employee of the company? At the beginning, I was always wondering why our seller used his supposed private email address. When it became clear that he was only a freelance employee, it was clear why he did not have a company email address.

He did offer me to withdraw from the reservation, but I still want the house . Are these fees allowed to be charged even if the intermediary is not an official broker and the advertisement said "purchase without broker commission"? Or was I just stupid to sign something like that? Thanks for your answers. I hope I explained it clearly

Are you sure you really want to build with the company if it already starts like this?

What amounts are we even talking about?
Generally, legal advice may only be provided by lawyers. Depending on the amount, it might be worth consulting a lawyer.
But then you shouldn't want to build with the company anymore.

If necessary, just withhold it from the last installment.

Thank you for the comments. I will get in touch in the next few days to let you know how things progressed. At the moment we are negotiating hard but fair Somehow the lingering unpleasant feeling doesn't go away yet......

Caution with these combined sales, the real estate transfer tax is often due on the total price here. So house + land.

Otherwise, what you signed applies. You have to prove verbal promises. Which is usually very difficult.

Everything that is not written down in writing you probably have not bought. If he writes, beech staircase included, 5 color shades selectable, that can also mean that the staircase in beech is included; if you want another color, it simply costs extra. Warning here: beech staircases should not be white stained... over the years they turn pink; at least our supplier had to admit that and therefore advised against it.