Can I withdraw from a contract if important information has been withheld from me?
February 22, 2022 | 40,00 EUR | answered by Hans Krüger
Dear lawyer,
I am reaching out to you because I am unsure if I can withdraw from a contract if important information was withheld from me.
The situation is as follows: a few weeks ago, I signed a contract to purchase a car. All relevant information about the vehicle was included in the contract, however, I was not informed that the car had been involved in a serious accident and repaired. This information would have been crucial in my decision to purchase, as I wanted to have a safe and accident-free vehicle.
I only found out by chance from an acquaintance after the purchase that the car had been in an accident. Now I am worried if I can challenge the contract and withdraw from the purchase, as important information was withheld from me. I feel deceived in my decision and I want to get my money back to buy another vehicle.
Can you please inform me if legally I have the possibility to withdraw from the contract and claim my money back? Are there any legal steps I can take to enforce my request? I thank you in advance for your support and advice.
Sincerely,
Renata Peters
Dear Mrs. Peters,
Thank you for your inquiry regarding the rescission of a contract due to withheld information. In your case, where important information about the car accident was withheld from you, there is indeed a possibility to challenge the contract and withdraw from the purchase.
According to § 123 of the German Civil Code (Bürgerliches Gesetzbuch), a contract is voidable if there is fraudulent deception at the time of its conclusion. Fraudulent deception means that the seller knowingly made false statements or withheld important information to induce the other contracting party to enter into the contract. In your case, you were intentionally not informed that the car had been involved in a serious accident, which can definitely be considered as fraudulent deception.
You therefore have the right to challenge the contract and withdraw from the purchase. However, it is important to ensure that the challenge is made in a timely manner and in the correct form to the seller. It is advisable to do this in writing and clearly state the reasons for the challenge.
Upon successful withdrawal from the contract, you are entitled to a refund of the purchase price. If the seller refuses to refund you, legal action can be taken. It is recommended to seek the assistance of a lawyer who can support and represent you in this process.
In summary, you can definitely withdraw from the contract and request a refund, as important information was withheld from you. Do not hesitate to assert your rights and seek legal assistance if necessary.
I hope this detailed response has been helpful to you. If you have any further questions or require legal advice, please feel free to contact me.
Sincerely,
Hans Krüger
