How can I revoke a contract and what deadlines apply?
February 17, 2022 | 30,00 EUR | answered by Konrad Höfer
Dear lawyer,
My name is Uwe Brandes and I recently signed a contract for the delivery of a new computer. Unfortunately, after careful consideration, I have realized that I would like to revoke the contract. As a consumer, I have a right of withdrawal according to the law, but I am unsure of how to exercise this right and what deadlines apply.
The contract was concluded online two days ago and I have not made any payment yet. I am now concerned that I may not be able to revoke the contract anymore, as time has already passed. Since I do not need the computer after all, it is very important for me to know if and how I can revoke the contract in time.
I would like to know what steps I need to take to effectively revoke the contract and if there are any specific deadlines to consider. Additionally, I would appreciate information on whether there are any formal requirements that I must comply with in order to effectively revoke the contract.
I would greatly appreciate your expert help and advice on this matter, as I am currently unsure of the best course of action. Thank you in advance for your support.
Sincerely,
Uwe Brandes
Dear Mr. Brandes,
Thank you for your inquiry regarding the revocation of a contract for the delivery of a new computer. As a lawyer specializing in contract law, I am happy to assist you with advice and support.
Consumers generally have a right of revocation according to § 355 BGB in distance contracts, i.e. contracts concluded online or outside of business premises. This right of revocation allows you to revoke the contract within a certain period without giving a reason.
The revocation period is usually 14 days from the day you or a third party designated by you have taken possession of the computer. Since you have not made any payment yet, the revocation period only begins once you have received the computer. In your case, where the contract was concluded online two days ago, you still have enough time to revoke the contract.
To effectively revoke the contract, you must send a clear statement to the seller declaring your decision to revoke the contract. This statement can be made in writing via letter, email, or even by phone. However, it is advisable to transmit the revocation in writing to have evidence in case of a dispute.
There are no specific formal requirements you must meet to effectively revoke the contract. It is sufficient to clearly and unequivocally state that you wish to revoke the contract. It is important that the revocation reaches the seller within the revocation period.
Therefore, I recommend that you promptly contact the seller and declare your revocation in writing. Specify which contract it is and that you wish to exercise your right of revocation. If you have any further questions or need assistance, I am happy to help.
I hope that this information has been helpful to you and wish you success with your revocation.
Sincerely,
Konrad Höfer
Attorney at Law
