Termination of work contract for house construction (before construction)

As already mentioned, it is not that simple. The clause regarding saved expenses does not only refer to what he has already done but to everything he would have done. He must/will prove to you that by terminating the contract he does not have to buy building materials and can possibly deploy his workers/employees differently; whatever remains in the end you legally have to pay. For a single-family house, I would estimate that to be around 10-20k. The right of withdrawal is regulated in the VOB, what you have to pay is governed by the Construction Code.

That is what I wanted to find out and might also be enough help for one or the other here. Whether before or after signing.

I could be wrong, but I don’t see any need for legal protection here. You simply want to unilaterally get out of a contract that is now unsuitable for you. You only need legal protection if the contractor’s claims should "break" the legal framework.

That will probably have been the corresponding reason. Good to know, thanks!

Life is not a wish concert. The forum entry primarily serves to help you and to provide you with information. However, the answers are also important for those who are preparing for a project and are not currently making the mistakes that have obviously happened here.

Don’t misunderstand me, I didn’t want you to pull me out of the nonsense but a knowledgeable statement regarding my question. And if I admit in advance that I have already made such and such an error, further shaking-of-the-head answers and incomprehension regarding my mistake bring me nothing at all, since that was not the intention of my question. Especially since correspondingly good answers were given. Occasionally one gets the impression that some people still feel the need to comment counterproductively on how dumb others are. Perhaps to cover up their own private (?) problems? In any case, that does not belong in such a forum either. To calm you down, I have been running several forums on the internet unrelated to this industry for many years.

If you don’t have expertise, then you get some. That they often have to be paid for should be obvious.

Absolutely correct. But don’t you think the right approach is first to inquire independently in a forum like this? By the way, I have already tried to get legal advice but initially dropped it because, as already described, my legal expenses insurance will not cover this. Otherwise, if there hadn’t been a solution, I would have most certainly invested the money. But who does that before even asking? If I always relied on others, "others" could do whatever they wanted with me. Strictly speaking, everyone does it that way if they are honest with themselves.

Maybe the current contracting party can also make a few noise protection improvements possible? That would cost an extra charge, but asking certainly wouldn’t hurt.

Good approach! But an estimated 35,000 EUR extra plus a noise protection expert, I want to avoid that as much as possible – it simply breaks the budget, then I have to say I can’t afford it. Maybe I can, but what happens in 10 years, who knows.

Is there no time limit in the contract? Some acquaintances had that, with nine months the construction company had time to find a plot of land. Then in an emergency, you can just wait it out.

Yes, one year, so still 9 months. However, the land must be purchased now, otherwise someone else will of course get the purchase confirmation. We were advised several times against separate financing, i.e., first the land and later the house.

Current status:
I have sought a conversation with the house building company and reported our problem, after all, they had verbally assured us multiple times back then that we could withdraw at any time free of charge – although, as already clarified here, not clearly regulated in writing. The conversation with our contact person was very pleasant. They regret that we ultimately cannot build with them for the stated reasons but offer us the possibility to cancel our contract free of charge. Their reasoning is that it would be neither in their nor our interest to insist on the contract; they apparently want to avoid dissatisfied customers here.

I would gladly name the company from the Berlin area because we are still very impressed and would have liked to build with them. However, I hesitate because the noise protection properties of the company’s construction principle were discussed rather negatively here. I would like to say that this apparently seems to be a general problem with prefabricated houses. "Stone on stone" constructions have fewer problems in this regard, although prices in noise protection areas, e.g., near an airport, can be significantly lower. Anyone interested in a recommendation of the company can contact me privately – we are happy to share our good experiences with the company.

... could withdraw free of charge at any time - although, as already clarified here, not clearly regulated in writing. The conversation with our contact person was very pleasant. Although they regret that we ultimately cannot build with them for the stated reasons, they give us the opportunity to cancel our contract free of charge. Their reasoning is that it would be in neither their nor our interest to insist on the contract; apparently, they want to avoid dissatisfied customers.

Then let's hope for you that you also get out of the contract free of charge in the sense of "without costs." I think you will find out with a written termination on your side. It still remains open that free of charge actually means 'without fees'; the clause for lost profits is still documented in writing. If you now receive a hefty bill, then you will know how this BU deals with its customers...

Keep us informed about how the matter ends for you, and remember that before signing, when in doubt, it is better to consult an expert. This also applies to the next work contract.

Regards, Yvonne

Don’t get me wrong, I didn’t want you to pull me out of the nonsense, but rather a knowledgeable statement regarding my question.

And even the "pulling out of nonsense" would be quite okay and acceptable. And it’s not about some stereotypical whining with know-it-all attitude, but also about making sure that the impression does not arise here that such actions are somehow already acceptable as is. All too easily, any kind of contracts in the area of purchasing residential property are simply signed without having any clue about the content. Often the binding effect is simply underestimated. Here, it is really necessary to take precaution, and that means that there must already be clear words in such situations. You just get annoyed twice.

But don’t you think the right approach is to first inquire independently in a forum like here?

Sort of. I think a preliminary familiarization with the thematic questions and web-based attempts at assistance is quite alright. But it is only reliable if the individual case is also examined individually. In contracts, often individual words are enough to completely reverse the actual meaning. It often reads great, but unfortunately is often unfavorable for the inexperienced user. The inexperienced user is … you.

I contacted the home building company and reported our problem, after all they had also orally assured us several times at that time that we could also withdraw at any time free of charge

Who says it’s possible, may also write that it’s possible. But yes, there are also providers who take exactly THIS route and then waive the binding effect. The question is only why the work contract then already had to have been agreed. But if it ultimately works out, why not? I would find that pretty good. Experience teaches me, however, that between the oral goodwill and the actual use of such leniency the memory seems to fade. Hopefully that’s not the case here as well and it’s not just a figment of imagination.