Well, you did get advice and a house design. So you’re probably stuck with it.
Ooh, well, it’s not that simple: a service offer including floor plan was already available after the first sales meeting. We only signed the document later to get the plot of land. So far, he has at most done what any seller does during acquisition.
It’s starting to dawn on me what is meant here by the mysterious “project consultant”: namely apparently a building contract commission intermediary, who attaches himself to a realtor’s plot offer, inserts himself, and “sells” the prospective builder to a general contractor/house manufacturer. He helps a little with the design process and charges extra as a consulting service for this value-added sales representation. So he bundles the plot, the mediated building contract, and a bit of additionally remunerated hand-holding of the plot buyers. With a good criminal defense lawyer or an overburdened public prosecutor, this goes through as a gray area or results only in a fine or suspension under conditions. A reputable approach is different—I can assure you that free construction consulting can also be done honorably, as not only I but also numerous competitors demonstrate.
No, that’s not quite right. We have an independent project consultant. We had already brought him along before. (We only signed his contract once we had something more concrete in mind; we had a discussion about our financial feasibility, amounts, etc. beforehand with him, which he counted as “acquisition without extra charge.”) The seller is from a construction company, and according to the realtor, she likes to work with him because people want to visualize houses on the plots. So project consultant, seller, and realtor are three different people/entities. We have a contract with the project consultant for the general project; we only pay extra if we should change the plot or similar. The project consultant also handles financing. The seller has a house design and advertises the plot but made it clear from the start that the plot is available through the realtor (but it was quite clear he handles the mediation). We signed this “reservation” aka “consulting contract” (an A4 sheet) with the seller “because otherwise it wouldn’t be possible due to the tax office regarding real estate transfer tax, etc.” And here I agree with you, and others have told me this as well: 1. The price is usury, and 2. this construct could even generally be illegal. Long story short: In the financing, I have conservatively planned 10k€, but if necessary, I would activate legal protection insurance.
So the plot was bought, and you don’t have to get out of a building contract because none was concluded. But he would have mediated one, the conditions of which you find excessive. I can only repeat that it is generally too early to talk about building contract contents before independent planning. If you engaged his “consulting services,” you will at least have to compare with him about remuneration. For me—and I can probably speak for my competitors as well—there would be a 10k consulting fee on the invoice only if it were a multi-family house with a gilded garbage bin box. I urgently need to raise my prices, thanks for the reminder!
The first sentence is correct. And of course, now after the plot purchase contract signing, he wants us to sign his work contract for the company he works for. According to the contract, we wouldn’t have to pay anything anyway. So far, he has even spent less time with us than we had with 2-3 other sellers :D And that’s all acquisition, nothing about independent advice. Pure sales talk. After signing this A4 sheet, there was not much or any “consulting.” So as I said, if necessary, I’ll pull the legal protection card. And so far, everyone says this is very unprofessional.
And what I’ve also noticed by now: The construction company S&K quotes Viebrockhaus prices without probably delivering Viebrockhaus service. I also had a quote made there, and it’s really a joke what I get from S&K for sum X compared to Viebrockhaus.
We will now gradually compare the service offers piece by piece in a table and maybe eventually hire prefab house experts for a detailed comparison. And also have the work contract thoroughly reviewed somewhere before finalizing.
Best regards