Can I withdraw from a contract if I have already signed it?
April 7, 2022 | 40,00 EUR | answered by Gertrud Knorr
Dear lawyer,
I am Theodor Kuhn and recently signed a contract for the delivery of a new car. Unfortunately, I now have doubts about my decision and wonder if it is possible to cancel this contract.
The background of the situation is that I have already configured the vehicle online and made a down payment. However, I have not personally inspected the car yet and it has not been delivered. Now I am concerned whether I can really afford the financial obligations of the contract and if the vehicle meets my expectations.
My worry is that I am bound by the contract and there may be financial consequences if I do not fulfill it. Therefore, I would like to know if it is legally possible to withdraw from a signed contract and what steps I would need to take for this.
Is there a deadline within which I can cancel the contract without major consequences? Or are there special circumstances that could justify a right to cancel?
I request your legal assessment and possible courses of action in this situation. Thank you in advance for your help.
Sincerely,
Theodor Kuhn
Dear Mr. Kuhn,
Thank you for your inquiry regarding the contract for the delivery of a new car. It is understandable that you have doubts about your decision, especially since you have not personally inspected the vehicle and have financial concerns. I would be happy to explain the legal options for withdrawing from a signed contract.
Generally, a contract becomes binding once both parties have given their consent by signature. Withdrawal from the contract is usually only possible under certain conditions and requires a legal assessment. However, there are exceptions that allow for withdrawal from the contract without major consequences.
In your case, one option could be to invoke the right of withdrawal, if it is a distance contract. This right allows consumers to withdraw from the contract within a certain period - usually 14 days - without giving any reasons. However, it should be noted that the right of withdrawal does not apply to contracts for the delivery of goods that have been custom-made to customer specifications, as is the case with your configured vehicle.
Another option could be to invoke a defect in the product, if the vehicle does not meet the agreed specifications. In this case, you may be able to withdraw from the contract and demand the unwinding of the contract.
It is advisable to promptly consult with a contract law attorney to discuss your individual situation and assess the legal options for withdrawal. The attorney can help you take the best steps and weigh potential consequences.
Finally, I recommend contacting the seller of the vehicle and expressing your concerns. Perhaps a mutually acceptable solution is possible for both parties.
I hope this information has been helpful to you and I am available for further questions.
Sincerely,
Gertrud Knorr
Contract Law Attorney
