Reservation fee yes / no? Or is the house then gone?

2018-05-28 12:46:09

Is it really a property developer?

The property developer contract is a unified contract (so definitely not two separate ones), which is also subject to the regulations of the Broker and Property Developer Ordinance - Broker and Property Developer Ordinance. If you separate them, it is a circumvention transaction.

So clarify terminologies... clarify financing (everything will become really expensive)... break open the cash...

Also, (specialist) lawyers and experts initially cost some cash - but are necessary expenses, especially for laypeople.

So far we haven’t seen any contracts because our bank is currently submitting a condition inquiry and then we will clarify everything else. We have the necessary money but find it unnecessary to now put down 3000 euros for 3 weeks that I won’t get back if no contract is concluded. With a lawyer etc., I know that I am investing the money. Is there a contact point where I might have everything in one place? My husband is a soldier and I handle everything; there are really 100 construction sites. But if it can’t be done otherwise, I will go to a lawyer and expert.

2018-05-28 12:50:19

Even if you don’t have €3000 lying around (which you actually should if you are seriously considering buying real estate. Even if you have equity tied up in tangible assets, you should still have the equivalent in cash) – that small amount can be easily and temporarily obtained from the bank at negligible interest.

I don’t want to take out any loans, we have never had installment payments in any way until today and that is a good thing. We earn well and have enough every month to just put down €3000. Still, there were private circumstances that currently do not allow this. That we came across a 500 sqm plot of land in a perfect location this month was not foreseeable. But that’s life. Just because we don’t have it now doesn’t mean we won’t have it next month. But he wants it tomorrow already.

2018-05-28 12:56:11

Some terms seem to conflict for you, or the developer is trying to create a concealed developer model at your risk.

Developer sells land including house
General contractor builds a house planned with him on your land
General contractor builds a house planned by you on your land

Therefore, a few more questions:
From whom are you buying the land, and with whom do you want to build?
If both are the same, and only the land is notarized and afterwards a contract for work is concluded with the same seller, you pay both VAT on the house and real estate transfer tax on house and land.
You should definitely avoid that.
Even if house and land are acquired from different persons but both are marketed together or any brokerage fees are involved, it is a hidden developer model where real estate transfer tax may be due on the total price afterwards.

We are buying the land from the developer, who has a company with whom we will later make the contract for work as soon as we have purchased the land. The developer says we pay real estate transfer tax on the land. It is of course logical that we want to have everything checked by an expert. I have had the documents since this morning. I have already looked on the internet, for example the consumer advice center reviews construction descriptions. But if there is something that allows me to check everything directly, and possibly support us with the construction, etc., I would of course be grateful.

2018-05-28 12:59:16

He puts pressure on you, and you react the way he wants and start to backpedal. Tell him that. We want to buy. We are sorting out our financing. There is no three thousand down payment. It is known that the sale is subject to prior sale. And now he should be peaceful and let us do it. And he should come forward with exactly what is being bought, the bank needs it to assess the loan.

2018-05-28 13:01:07

We are buying the plot from the developer, who has a company with which we will later make the construction contract once we have purchased the plot. The developer says we have to pay real estate transfer tax on the plot

That's exactly what I feared. Don't fall for such crap and under no circumstances pay the reservation fee.

2018-05-28 13:08:20

Be aware, the man is lying. If you buy land and ground from A and then build on it with A, you pay property transfer tax on the total price. His trick is that A sells land and A founds construction company B, which then builds. But since A is the owner of B, it is the same for the tax office.
A real separation would be if A goes to the notary with you and sells the property. End of story. And then he makes you the offer to build the house with his company B, which you may accept or decline. But I bet he won't allow this version.

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Reservation fee yes / no? Or is the house then gone?

Salias1989

Salias1989

Salias1989

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