Terminate house contract before expiry - withdrawal clause/property

Hello everyone,

the following situation: my wife and I have been looking for a suitable plot of land for over a year so that we can build a house. Before we decided to build a house, we looked at some existing houses to see if we wanted to buy a resale house. After many viewings, we consciously decided against it. That’s why we eventually ended up at Allkauf Haus, who told us that they have enough plots of land in their portfolio. At the moment, they have nothing in our search area, but new offers come in from time to time. As a result, we signed the house contract with withdrawal reservations (land/financing). We are not in a hurry to build, so we also signed a contract in the hope of obtaining a plot of land.

Now something has happened that we did not think possible: after our long unsuccessful search, we have now been offered a house with land (off the record) that we could buy. We like the house and it fits our budget. Now the withdrawal reservation periods have not expired yet. They still have a duration of about four months. If we buy the offered house now, we cannot buy another plot of land and certainly cannot build another house. I have read in various internet posts that if we cancel early, we will have to pay compensation.

Is that really the case?

What if we wait to buy until the withdrawal reservations have expired?

Do we have to cancel?

At the moment, I can’t see the forest for the trees.

Best regards

Family Grund

In layman's terms, you won't get financing if you are already financing another house, right? With that, you might possibly use one of the levers. But with such contracts, the exact wording always decides.

Additionally, the problem of Allkauf Haus offering you a "suitable" plot of land. How is suitable defined (size, location, connectivity, orientation, etc.).

Otherwise:

Aber bei solchen Verträgen entscheidet immer der exakte Wortlaut.

the exact wording is correct. of course, one could also speculate about what kind of damages one would have to pay. since nothing has been done with them so far, it might also be difficult to quantify the damage. of course, it also depends on how long you have been messing around in their file. if you have been listed for 2 years and never received an offer, you can argue with that or also dare to take a gap now, assuming nothing will come anyway. if you have been offered a property more often, the risk is probably quite high. in any case, read the fine print to see to what extent you can even get out of it now. does the contract, for example, extend by x time per proposal?! it is of course true that they will hardly let you go that easily voluntarily. the termination should definitely be received on time!

Then the property just isn’t appealing or suitable. I would simply wait out the 4 months.

Sorry..I can't help myself: But WHY do you sign a contract with a house building company without a plot of land?!!! [Allkauf Haus] could have looked for/offered you such a plot too?!!! I don't understand..