Terminate construction service contract - Reservation

Good evening, I hope I am in the right place. I am completely new here and ask for your help in our despair.

We concluded a construction service contract with company X two years and four months ago, subject to the acquisition of a building plot within 18 months and financing within 12 months. At that time, we were assured that the contract would become void if these deadlines expired. We did not find a plot within this period. Meanwhile, we no longer want to build with this company, mainly because the agent seems unreliable. Now we have been able to reserve a plot. I wanted to confirm by phone that the contract is really null and void and that we can now conclude a new one with a different service provider. They threatened us with contractual penalties, which was never mentioned before. It was always said that we could get out of the contract easily and that no costs would arise after the deadline. This approach seems more than dubious to us. From the main office, there was only a slightly annoyed, “I have to clarify with my superior,” and unfortunately still no feedback. Our nerves are stretched to the breaking point. We are terribly afraid of financial ruin.

Now my question... what is correct? The agreement from the reservation clause or the statement of the agent who sees his commission disappearing?

We wish you a pleasant evening. Please be patient with a complete layperson.

What is written applies. What does it say?

I will provide the exact wording of the reservation clause as follows:

"The client (AG) is entitled to withdraw from this (Firma x) construction service contract if the client does not acquire a building plot within the next 18 months after the conclusion of the construction service contract, or if the contractor (AN) could not provide the client with a plot corresponding to the intended financing options as an acquisition opportunity. In this case, the contractor’s claims for remuneration and compensation shall also lapse, provided that no contractual services under this construction service contract have been rendered."

Have you declared your resignation in writing with reference to the above-mentioned clause?

Yes, after achieving nothing by phone, I first tried by email, tomorrow then by mail; if we continue to be "ignored," I will not hesitate to take legal action. The matter is very recent, only since today, as we were able to unexpectedly reserve a building plot.

First. Not mail. Fax with transmission protocol or registered mail with return receipt. This modern emailing is not legally secure. Second. Explain unequivocally, in precise words, that you establish that 18 months have passed, that you establish that no building land was offered to you and that you yourself did not acquire any during the relevant period. Third, you now state that the corresponding clause of the contract from so-and-so now applies and that you therefore withdraw from the contract. If you feel uncertain about this, have a lawyer write the thing for a few euros. Do not call. Do not email. Never mention the planned reserved plot. Never conclude such contracts again. Learn from it. Good luck. And wisdom. And coolness. Karsten