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In a developer contract, a building - apartments or single-family houses - is to be erected on a plot of land that does not (yet) belong to the purchaser. In addition to the construction of the contractually agreed building, the content of such a developer contract therefore also includes the transfer of the land which is still owned by the developer when the contract is concluded.
In particular, JR advises purchasers of apartments and single-family homes on the review of the developer contracts to be notarized. In practice, these often extensive contracts are almost exclusively provided unilaterally by the developer, who also selects the notary public to certify them. JR examines these contracts for the purchaser, identifies risks and disadvantages and coordinates the purchaser's change and amendment requests with the other party and the notary.
The developer contract is very important in practice. New condominiums are almost exclusively offered by developers. The main advantage for the buyer is that the developer is his only contractual partner, so that direct coordination with craftsmen and companies is not necessary for him. The purchase price - often in the form of an fixed all-inclusive price - is paid in installments according to the progress of construction. Nevertheless, difficulties often arise in the context of developer contracts. JR advises clients comprehensively on questions concerning the insolvency of the developer, the dispute about the amount and due date of the individual instalments, the provision of a security according to MaBV, defects, the transfer of the property to the purchaser and the acceptance of the jointly owned property in the construction of ownership of apartments.
The builder is the legally and economically responsible client/ordering party in a building project. The developer is an entrepreneur, i.e. the contractor.
The developer acts as a builder and offers a package: he buys plots of land, builds on them and sells ready-to-move-in houses together with plots of land at a fixed price.
Property developers must comply with the Real Estate Agent and Property Developer Ordinance (MaBV). The property developer builds on his own property. He is also the builder.