In the end, the seller offered house construction for a plot from a real estate agent. We signed a reservation agreement with the seller for €10k for consulting services, which do not apply if you build with him or do not buy the plot. With the offer, we arranged the financing, but did not conclude any construction contract with the seller. Now the land purchase contract is signed, and we want to renegotiate or switch providers.
I am starting to realize what is meant here by the ominous "project consultant": namely apparently a construction contract commission broker, who rides on the land offer of a real estate agent, intermediates, and “sells” the prospective builder to a general contractor/house manufacturer. He helps a bit with the design process and additionally charges for this value-added sales agency as consulting services. So, he makes a bundle out of the land, the mediated construction contract, and a little additionally remunerated hand-holding of the land buyers. With a good defense attorney or an overstretched public prosecutor's office, this goes through as a gray area or results only in a fine or dismissal under conditions. Seriousness is different – I can assure you that independent construction consulting also works honorably, as proven not only by me but by numerous competitors.
No, no, I have not signed any construction contract. Therefore, no contractual penalty. At most the €10,000, although I have already heard from some sides that it probably would not hold up in court.
Well, you did receive consulting and a house design. So you’re probably stuck with that.
So the plot was purchased and you don’t have to get out of a construction contract because none was concluded. But he would have brokered one, the terms of which you find excessive. I can only repeat that it is generally too early to talk about construction contract contents before independent planning. If you agreed to his “consulting services,” you will at least have to negotiate remuneration with him. Until – and here I can probably also speak for my competitors – a €10k consulting fee shows up on my invoice, it would concern a multi-family house with a gilded garbage bin box. I urgently need to raise my prices, thanks for the reminder!
If you're from Berlin, take a look at Almondia. They are building consultants/brokers. They have a large directory of regional GCs.
Unfortunately, I can only give a non-recommendation from experience.
Did they also broker your GC?
@Nida35a was, I believe, very satisfied with his GC.
We built five years ago with "Mein Haus" from Nauen, a small GC for solid houses, a family business, and have been very satisfied ever since.
@motorradsilke also built with the company, under time pressure
If I recall correctly, even one of the few solid GCs that refuse to “include” botcher companies. Then go for it (but mind you: first to a freelance architect)!