Reservation for house purchase

  • Erstellt am 2012-12-11 17:02:21

Gippo

2012-12-11 17:02:21
  • #1
Hello everyone,

I want to give a big compliment to all members who share their experiences with other people. I myself have the following problem and would appreciate some answers.

Together with my wife, we informed ourselves about a townhouse from a real estate company at the beginning of September. We were so excited and also convinced that this could be our new home.

The house is to be newly built, Kfw 70 standards are all met, the location and the price were all right. We then confirmed a reservation for the construction project in the amount of 2000.00 Euros. This also included that the plot of land still had to be acquired but was included in the purchase price.

After a few weeks, it began that I was supposed to present a living space calculation and the confirmation for the Kfw application 153 to the bank. It delayed for a long time until then a call came saying that we should sign a planning contract without which no living space calculation and Kfw application can be created.

We signed the planning contract and waited 2 weeks for the living space calculation. Until today, we are still waiting for the confirmation of the Kfw application. The planning contract was signed on November 7th.

The reservation for the construction project expired on December 8th. I found out on December 10th that the plot of land is under the control of the district court and has not yet given the green light.

I believe that I have been pretty much tricked. Can I get out of this matter without problems now? Do I have to pay anything to the architect? Do I have a claim to my 2000.00 Euros??
 

Der Da

2012-12-11 19:28:08
  • #2
Since no one knows your contract, no one can respond. There is also no legal advice here.... :D
 

Bauexperte

2012-12-12 13:13:42
  • #3
Hello,

as "Der Da" correctly pointed out, legal advice is not allowed to be offered at the main train station; in Germany, this is exclusively reserved for the advisory professions!


At what amount did you sign the planning contract with whom and how did the recipient of the planning order belong to this construct?


Are you still referring to form 153?


I do not understand why there are repeatedly interested buyers who pay reservation fees? On top of that, also for a property to which the "seller" demonstrably has no access!


In my opinion, that is moderately phrased. Go to a lawyer specialized in contract and construction law with your documents; explain the matter to him and then see what he recommends. Depending on the character of your counterpart (seller), you may get your down payment back quickly, but it may also be that the lawyer's fees during the duration of the legal work will eat up the down payment; that depends on the dispute value.

Kind regards
 

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