Semi-detached house: two contracts (landowner and construction company)

  • Erstellt am 2021-06-17 18:55:10

HubiTrubi40

2021-06-17 18:55:10
  • #1
Hello everyone,

it's me again... but you advised me so well that I backed out of my last house purchase attempt (rightly so!). Now I have something new, and here too there seem to be one or two stumbling blocks. It is a semi-detached house (a total of 12 are being built). The provider is a real estate brokerage agency. The land belongs to an investor and will be legally divided. There will be two contracts: one with the landowner for the purchase of the land and one with the construction company (contract for work). The notarized purchase contract covers the purchase price of the entire package (just over 600,000 + additional costs). Since it is a so-called initiator model (never heard of it before, but according to the marketer it is common) extras can still be included afterward, such as an additional bathroom, etc. These costs are then charged separately and added on, whereby so-called variants of the floor plan are offered here. The advantage would be that real estate transfer tax and notary costs are only charged on the basic package. The savings are manageable. Depending on what you want, the variants add another 15-20,000 to the purchase price.
Now I spoke with a lawyer and he said stay away. Why? Because you conclude two contracts and could therefore have problems regarding whom to sue for warranty if something comes up. What is your opinion? The company seems reputable and my impression is that this happens more often, but it does not seem to be a developer in the real sense. Anyway. I am uncertain again whether such a thing can be done. I could now reserve. For that I would have to pay 1000 euros, which I would get back if I withdraw from the reservation within 4 weeks. These 4 weeks are intended for clarifying financing as well as further consultation and planning discussions and the notary appointment. Can this be done? Otherwise it looks okay so far, house and land are okay (260 sqm). I think building yourself (I'm still on the waiting list for a building plot) does not get cheaper and existing properties are often just as expensive if not more expensive. I just have a smaller townhouse (125 sqm vs. 140 sqm as in this offer) that I am viewing on Saturday. Firstly, this one is significantly older and the price is also around 600k. Oh yes, something else that surprised me a bit about the offer: construction time from the start of construction (planned from September (building permit is said to already be available)) is 20 months. I find that quite long. So moving in is only possible in about 2 years.

Best regards, Hubi
 

hanghaus2000

2021-06-17 19:28:03
  • #2
I would have said that too as a lawyer. Hands off. Ianal
 

HubiTrubi40

2021-06-17 19:39:37
  • #3
are you a lawyer? I have the feeling that a lot is running in this kind of structure nowadays. The last offer I had involved even 3 parties that would have had to be paid. What would be the risk in this structure or is that generally rather unusual?
 

HubiTrubi40

2021-06-17 19:44:50
  • #4
I have now looked at the sign again. The property owner is a project development company (according to the website a larger company). The builder is a construction company. These are the two with whom the contracts run. And the sales are handled by this real estate agency.
 

hanghaus2000

2021-06-17 19:58:45
  • #5

Ianal="I am not a lawyer" sorry for the abbreviation.
 

11ant

2021-06-17 20:02:11
  • #6
So so, aha, oh really. Darling, now you’re disappointing me – I thought you had read a bit here (?) Stay away is the right conclusion. But the reasoning suggests that this is not exactly the preferred legal field of this lawyer. My bookshelf for your next evenings would be this: https://www.hausbau-forum.de/threads/bautraegervertrag-mit-einer-ug.33486/page-2#post-370215 https://www.hausbau-forum.de/threads/bauunternehmen-mit-grundstuecksservice.34693/page-7#post-398478 https://www.hausbau-forum.de/threads/makler-betrug-oder-steuerhinterziehung.37639/page-9 https://www.hausbau-forum.de/threads/erfahrungen-mit-okal-Verkäufer-ist-das-ein-kopplungsgeschaeft.38096/page-4#post-471690 and on the side also See the reading tip list above; I don’t believe it’s the one and only silver bullet that we haven’t already debunked here as wishful talk. But I’m happy to take a closer, non-binding look at it; my contact option is now also listed under “Information” in my profile. Due to the weather, however, I sometimes only reply after several days.
 

Similar topics
08.11.2010Offer for a semi-detached house with land, okay?11
14.08.2012Build a home? Land in prospect19
25.03.2012Land now - house construction next year23
31.05.2012Financing of the property: Does the entire financing need to be secured?11
02.09.2013Angular bungalow on 800m² plot - financially feasible?16
09.02.2013What do you think of this property?11
28.05.2013I am getting a plot of land as a gift. How do I finance the construction?16
03.06.2013Buying land from father - building a house yes or no?11
22.08.2013Plot - Decision?14
03.01.2014How much land and house can we afford?25
08.01.2014Opinions on the hillside property22
14.01.2014Buy land let build dream house26
20.03.2020Construction company halts work despite overpayment718
21.07.2020Lawyer wanted to sue the construction company52
11.04.2020Construction law - hire a lawyer or not yet16
07.11.2020Notary contract land inspection: should it be done or not?24
12.01.2024Construction company insolvent, how to proceed further?34

Oben