What are the requirements for a valid contract conclusion?
October 15, 2023 | 40,00 EUR | answered by Hans Kuhn
Dear lawyer,
My name is Benjamin Kleine and I have a question regarding contract law. I recently bought a car from a private seller and afterwards there were discrepancies regarding the conclusion of the contract. Since I am not well-versed in legal matters, I am reaching out to you in order to receive a clear answer to my question.
The situation is as follows: I inspected the car, took it for a test drive, and then agreed on a purchase price with the seller. We verbally agreed that I would pick up the car at a specific time and pay the agreed amount in cash. However, we did not put anything in writing and now the seller has changed his mind and no longer wants to sell the car.
My concerns are that I have already invested time and money in the inspection and test drive and now I am left without a car. I am wondering if the verbal contract we entered into is legally binding and if I can take legal action to protect my rights as a buyer.
Could you please explain to me the requirements for a valid contract formation? Are there any options in my case to force the seller to fulfill the contract or to claim damages? I would greatly appreciate your professional assessment and possible solutions.
Thank you in advance for your assistance.
Sincerely,
Benjamin Kleine
Dear Mr. Kleine,
Thank you for your inquiry regarding contract law. I am sorry to hear that there have been discrepancies regarding the conclusion of the contract. I would be happy to explain to you the requirements for a valid contract and address your questions regarding your rights as a buyer.
First and foremost, it is important to know that a contract can generally be concluded informally. This means that a contract can also be valid orally, as long as the parties agree on the object of the contract, the price, and the other terms and conditions. In your case, you have agreed with the seller on the purchase price and the time of delivery of the car, which is generally considered a valid contract.
However, there may be problems in your case because you have not documented anything in writing. It may be difficult to prove the exact terms of the contract, especially if the seller has now decided otherwise and does not want to sell the car anymore. Nevertheless, you could try to force the seller to fulfill the contract or claim damages.
To protect your rights as a buyer, you could first try to remind the seller of the oral agreement and ask him to fulfill the contract. If the seller is still not willing to sell the car, you could take legal action. In this case, it would be advisable to consult a lawyer who can represent your interests in court.
Regarding claims for damages, you would need to prove that you have suffered a loss due to the non-fulfillment of the contract. This could be done, for example, by providing receipts for the inspection and test drive, as well as explaining the costs incurred.
Finally, I recommend that you contact a lawyer promptly to discuss your legal options and take steps to enforce your rights if necessary.
I hope I could assist you with this information. If you have any further questions, please feel free to contact me.
Best regards,
Hans Kuhn
