Sign changes not yet recorded in the construction contract?

So for us, it is now finally happening and we are about to build a Bungalow 108 with Town & Country. We have already reserved the suitable plot of land. All the applications are with the bank. Last time (3rd planning meeting) Town & Country wanted us to sign the construction contract. However, I wanted to take it home first to read and change some things carefully. Now I have everything together and will discuss the changes I made at the next appointment.

Now my question is, the floor plan in the construction contract is still wrong, or rather, we want to have something changed. This is supposedly free of charge (verbal assurance) and we want higher-quality roof tiles (standard are Braas concrete tiles). Shouldn't we first go to the model exhibition and directly include the price in the contract? And shouldn't the revised floor plan also be part of the contract?

I only hear from Town & Country that all of this can be done later in peace.

I heard there is also an expert in the forum who reviews contracts. Maybe that person could write to me.

Contact the [Bauexperte]. She does that.

Hi,

Well, "sign immediately" is a great idea. Is there also a discount or some great special offer that only runs until Easter and is extended exclusively for you by one day or something?

Anything not stated in the contract and performance description will only be added later for an additional charge. There is surely a clause in the contract that stipulates that there are no side agreements or that all side agreements must be in writing. Oral statements are worthless at this point! A modified/adjusted floor plan does not have to be part of the contract if the intended change is reasonably described in the contract and it is included there that it does not incur any additional costs (not only the adjustment of the floor plan itself but also the construction execution. Yes, there are providers who do distinguish between these points. The adjustment of the floor plan (= redrawing) is free, but the execution is not...)

Regarding other surcharges (the roof tiles certainly won't be the only ones), you can choose from two options from my point of view:
a) Sampling or naming specific special requests/deviations before signing the contract and these are concretely included in the price. Roof tiles or roller shutters or the number of sockets should work this way; sanitary fittings might make sampling worthwhile.
b) Provide enough buffer for "special requests" in the budget and then sample after signing the contract.

Regarding a) not many providers do sampling before contract signing (it also causes effort for the provider). But "simple" special requests like roof tiles or roller shutters should definitely be factored in before signing the contract.

Best regards

Michael

Good evening,

Last time (3rd planning meeting) Town & Country wanted us to sign the construction contract. However, I wanted to take it home first to read and change some things carefully. Now I have everything together and will discuss the changes I made at the next appointment.

I know that it has recently become fashionable in our industry to want a signature on the construction contract by the 3rd meeting at the latest. Surprisingly, some competitors – previously highly regarded by me – also follow this motto. This makes me wonder whether a new sales trainer is using old strategies; everything has been done before. However, it doesn’t make it any better. Pressure is rarely a good advisor!

You acted correctly before by not letting yourself be pressured into signing right away. You should maintain that until the construction contract meets your wishes; of course, you should keep an eye on your budget. If Stadt & Land want to win you as a customer, they must show understanding for that!

Now my question is, the floor plan in the construction contract is still wrong, or we want to have something changed. This is supposedly free of charge (verbal agreement) and we want higher-quality roof tiles (standard are Braas concrete tiles).

If it’s just about moving walls, that’s no problem, it can be manually adjusted in the floor plan. With your signature and the seller’s, it is okay; I also do it that way. A higher-value equipment should be documented in an additional agreement; also no problem. Larger changes should, however, be included in a plan change.

Verbally, in the worst case, you can’t buy anything; what is not in the contract is considered not purchased!

Shouldn’t we go to the sample exhibition first and include the price directly in the contract?

A sample selection before the construction contract is not quite that simple; personnel have to be assigned for that and with this provider, in my opinion, it is only done with customers. If you read here in the forum, you know that I always recommend a cushion of EUR 10,000 for extras. Consider this in your calculation and you should be on the safe side; self-discipline assumed.

I heard there is also an expert in the forum who reviews contracts... maybe they can contact me or someone can send me their name by PM.

I offer this. Further information gladly via PM.

Rhineland regards

If it’s just about shifting walls, that’s no problem; it can be manually adjusted in the floor plan. Signed by you and the seller, it’s fine; that’s how I do it too. A higher quality finish should be recorded in a supplementary agreement; also no problem. Larger changes, however, should be included in a plan amendment.

Verbally, in the worst case, you can’t claim anything; what’s not in the contract is considered not purchased!

Our problem is as follows... the plot has a base area of 21.1 x 21.2 m. The house has external dimensions of 13 x 10.75 (standard). But since we also want to add facing brick and use thicker stones, the house will accordingly become wider or must be stretched a bit in length so that we want to remain at 108 m² of living space, which we can’t do otherwise because we would exceed 21.1 m in length (13 m + (0.6 + 0.6 [thicker Ytong] + 0.11 + 0.11 [facing brick] + [5 m + 3 m distance to neighboring plot] = 22.42 m). Therefore, the 10.75 m must increase accordingly in proportion as we reduce the 13 m to 11.68.

In addition, we want to paint one wall and window, but would like to have one wall shifted. As a layperson, I think that maybe a structural engineer should also review this if the basic dimensions of the house are changed, but nothing was mentioned about this by Stadt und Land... which naturally is also not in the contract.

I think in our case I should first work out the changes and then include the amended floor plan in the building contract, right?

The local company representative would probably gulp at that. His statement: I only do what I can. Moving non-load-bearing interior walls is possible, but I stay away from changing exterior dimensions. Such changes would likely exceed the capabilities and should therefore first be reviewed by the company and then also fixed in the contract.