Resignation / Termination of a Contract for Work

  • Erstellt am 2012-10-28 13:09:15

Christian1982

2012-10-28 13:09:15
  • #1
Hello dear forum members,

as already described in some other threads, I am interested in building a new house with the company V.....ock from Kaarst.

After many of you have already helped with questions regarding the construction method, I now hope for some answers regarding the contract for work and services.

The company wants to conclude a contract for work and services with me and my girlfriend, after many details have been clarified in 3 appointments. This, although neither has concrete search for a plot of land begun, nor a concrete financing is in place. According to the contact person, there is NO risk, as one can exit the contract at any time! This case occurs if no plot of land is found or if no financing comes about. It would only require a written termination.

My question:

Are there any experiences regarding the termination of the contract for work and services with this company? Has anyone already terminated this contract? Are there problems or hidden costs?

I hope some of you would like to share your experiences with me!

Thank you in advance!

Best regards Christian!
 

Bauexperte

2012-10-28 17:14:15
  • #2
Hello Christian,


Even though I appreciate this competitor, I wonder why you want to do this. Having insurance in the background – until the financing is 100% approved – is one thing; but two exclusions right away? Probably only because of one promotion, the costs of which you have to bear anyway?


The competitor colleague recently changed both his house catalog and the general terms and conditions; I don’t know if changes were also made to the contract documents in this process. That means you have to post the exact wording here or consult a lawyer you trust.

Kind regards
 

kamnik

2012-10-28 20:50:48
  • #3


Normally, you park the money in a bank or have a letter of credit issued.
For special contract questions, I would consult a
specialized lawyer (for construction law).

If you don’t have the money to build or only like to do nice calculations with notional money,
you should just pack up again?

I would have all the items listed and calmly discuss them with a well-known bricklayer/carpenter, independently + with a case of beer.

There is always money for performance. If the company doesn’t cooperate, it’s already suspicious.

Solution: maybe look for another contractor?
Sounds to me more like a wishy-washy contract?
 

TylerDurden

2012-10-29 10:39:12
  • #4
What would bother me more is the order of the planning. Without a plot of land, I find it very difficult to plan a house; it also has to fit (orientation, entrance side, width of the building window, development plan [roof shapes, heights, number of floors], etc.). Has the provider said anything about this problem?
 

o.s.

2012-10-29 11:29:07
  • #5
Hello Christian,

please don’t do it!

Many, if not even the majority of salespeople from larger homebuilding companies sooner or later push for the conclusion of a contract with one or more exit clauses. This is then in their or the homebuilding company’s interest, not in your interest! To achieve a conclusion, conclusive arguments are of course needed. Whether that is the new price list or a brand-new, super cheap promotion is actually irrelevant. The homebuilding company wants to irrevocably bind you to them, that is the goal behind it.

Why shouldn’t you do this?


    [*]You unnecessarily weaken your negotiating position vis-à-vis V...Haus.
    [*]Almost never do you already have all cost-relevant information at the time of an early contract conclusion to be able to decide whether the homebuilding company is the suitable and most affordable one.
    [*]Additional expenses often arise due to the plot, e.g. due to more expensive earthworks, foundations, basement waterproofing, strip foundations etc. Perhaps the planned and contractually fixed type house can not be built at all because the development plan stipulates something else (e.g. only a gable roof with a pitch >35 degrees ...)
    [*]And above all: During the course of the plot search, you will still change your demands and wishes: Perhaps the plot becomes more expensive than expected? (Land prices are rising and rising in many regions) Maybe less can then be spent on the house? Maybe you want burglary-resistant doors and windows after all? Or a ventilation system? Or exterior blinds? Or a bay window? Or no heat pump but gas?


We have been looking for a suitable plot for quite some time and have already conducted intensive talks with five homebuilding companies with several offers. The two larger companies wanted to pressure us into a contract sooner or later.

By now, both companies would no longer be an option due to our demands regarding wall construction, quality etc. Had we signed, we would not have been able to get out of the contract until today. That would be extremely annoying and also expensive.

Regards Olaf
 

Micha&Dany

2012-10-30 08:35:58
  • #6
Hello Christian

Another point is the real estate transfer tax.
The tax offices are increasingly trying to get the money from the builders. I have now heard/read several times that the real estate transfer tax on land *and house* is due as soon as you have signed a contract with a construction company before purchasing the land!
My builder expressly advised me to first buy the land and sign with him at the earliest 2 weeks later.

So please – don’t make your life unnecessarily difficult and first look for a piece of land! Because only then can you negotiate on equal terms with the companies!
And please invest the money in an *independent* expert who checks the contracts *before* signing!

Everyone who buys a car for 20 thousand euros has it checked first and then buys – but with a house for more than ten times that amount, too often it’s bought first and then checked (if at all)...

Regards
Micha
 

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