Can I withdraw from a contract if I have been deceived by fraudulent means?
June 12, 2022 | 50,00 EUR | answered by Hans Krüger
Dear lawyer,
My name is Anneliese Born and I urgently need your help in a legal matter. Some time ago, I entered into a contract to purchase a used car. Unfortunately, I have now discovered that the seller made fraudulent misrepresentations about the condition of the vehicle. Important defects were hidden from me, which are now leading to significant repair costs.
I feel very unfairly treated by this fraudulent deception and wonder if I can withdraw from the contract. I do not want to continue to be liable for a vehicle that does not meet the agreed condition due to the hidden defects. I am very worried about my money and would like to know if there is a way to cancel the contract and get my money back.
I therefore ask for your legal assessment in this matter. Is there a legal basis on which I can withdraw from the contract if I was deceived fraudulently? What steps would I need to take and what are my chances of success? I am grateful for any help and support, as I feel very unsure in this situation and do not know the best way to proceed.
Thank you in advance for your professional advice and support.
Sincerely,
Anneliese Born
Dear Mrs. Born,
Thank you for your inquiry regarding the purchase contract for the used car where you were deceitfully misled. I am sorry to hear that you are in this unfortunate situation and feel unfairly treated due to the undisclosed defects. As a civil law attorney, I can assist you in this matter.
In your case, you have the option to rescind the purchase contract if you were induced to enter into the contract through deceitful means. According to § 123 of the German Civil Code (BGB), a contract is void if it was concluded through deceit. This means that you can challenge the contract and demand the reversal of the purchase and the refund of the purchase price.
To rescind the contract, you must declare the challenge to the seller. It is important that you can prove the deceitful means. This can be done, for example, through witnesses, expert opinions, or other evidence. It is advisable to seek the assistance of an attorney to best enforce your claims.
After challenging the contract, you are entitled to a refund of the purchase price. Additionally, you can claim damages to cover the repair costs and any other damages that may have resulted from the deceitful means.
The chances of successfully challenging the contract due to deceit are generally good if you can provide the necessary evidence. However, it is important that you act quickly and assert your claims promptly, as they may otherwise become time-barred.
I therefore recommend that you seek legal advice promptly and take the necessary steps to challenge the purchase contract. I am available for further questions or for a more detailed consultation.
I hope this information helps you and wish you success in asserting your claims.
Sincerely,
Hans Krüger, Attorney
