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

  • Erstellt am 2021-06-17 18:55:10

ypg

2021-06-18 07:58:23
  • #1
I don’t understand the warnings. Of course, it’s annoying if you have to pay taxes because of plus house. But that’s just how it is with a property developer’s house and it will increasingly dominate the market. But tied contracts are neither dangerous, nor prohibited, nor illegal. A property developer’s house also has advantages… but that’s another topic. I also don’t know if it’s more of a general contractor construction where you act as the client? That would need to be clarified!

All good! Common practice. See above.

Also common nowadays. That keeps away curious people who actually don’t want to buy or build, but like to pretend everywhere … there are also people willing to build who reserve everywhere and don’t cancel. They cause trouble.

That doesn’t mean the land contract and the contract for work. That would be completely pointless, because there is no warranty on land!!!

Yes, you have to see who does that then. But I read that the construction company also does it, so they also bear the warranty.
It’s different if you sign separate contracts with craftsmen. Then only the 2-year warranty applies.
But I’m not a lawyer, so in your place I would ask your lawyer again what he thinks and check with your general contractor/property developer how the warranty on the extras works.
 

HubiTrubi40

2021-06-18 07:58:33
  • #2
I have sent it to you. In general: should I engage in something like this? Does it then make sense to take out legal expenses insurance for property owners? That’s what the lawyer meant. However, I have now inquired with my legal expenses insurance and they don’t offer that at all. Apparently, there are only a few insurers and with a waiting period. Then I’m probably too late anyway.
 

HubiTrubi40

2021-06-18 08:09:37
  • #3
According to the exposé and the sign at the construction site, the builder is the construction company.

What still annoys me a bit is the targeted construction period of 2 years. That means, according to the current status, moving in would be May 2023. I wonder what the reasons are (buffer due to currently high raw material prices?).
 

Strahleman

2021-06-18 08:13:43
  • #4
I am less critical of the fundamental nature of the transaction (tie-in sale): you buy the plot of land from A on which B will build a house. However, real estate transfer tax applies to everything, not just the original house. Otherwise, this is not a clean transaction. Otherwise, the developer could also charge only 1 euro for their service, which would be recorded in the notary contract...

If you buy, I would definitely insist on including the finally planned house with total costs in the contract before signing. Everything else is highly improper from a tax perspective. In addition, the developer can ultimately refer to the scope recorded in the notary contract if they mess up any special requests.

The long construction period is the developer’s protection: they will certainly be juggling multiple projects simultaneously, meaning some of the 12 semi-detached houses will be built in parallel. This takes time, as each trade follows the others sequentially through the houses.
 

Acof1978

2021-06-18 08:35:42
  • #5


Make sure the coverage is at 100,000€. I think Arag offers something like that.
 

nordanney

2021-06-18 08:41:32
  • #6

I know it as connected contracts at the notary. One deed with seller, general contractor, and buyer.

But this structure is quite normal, isn’t it?! Where is the problem? If I buy from X and build with Y, it’s no different. Only here both contracts are handled in one deed.
For us as a bank, it’s actually more or less day-to-day business.
 

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