What deadlines apply for contract withdrawal?
July 1, 2022 | 40,00 EUR | answered by Gertrud Knorr
Dear lawyer,
I am reaching out to you today as I have some questions regarding a contract withdrawal. Some time ago, I entered into a contract for the delivery and installation of furniture. Unfortunately, I have discovered that the delivered furniture does not meet my expectations and has defects. I have already been in contact with the seller, but so far, no satisfactory solution has been found.
My concern now is that I may be too late to withdraw from the contract. Therefore, I would like to know from you what deadlines apply for a contract withdrawal. Is there a specific deadline within which I can still revoke the contract? How should I proceed and what consequences could a contract withdrawal have for me?
Furthermore, I would appreciate your assessment on whether the defects in the furniture are sufficient to justify a contract withdrawal. If a contract withdrawal is not possible, what other options do I have to find a solution to the problem?
I thank you in advance for your support and look forward to your response.
Sincerely,
Erwin Hentschel
Dear Mr. Hentschel,
Thank you for your inquiry regarding a contract cancellation in connection with a contract for the delivery and installation of furniture. It is understandable that you are concerned, especially if the delivered furniture does not meet your expectations and has defects.
First of all, it is important to know that general contract law applies to contracts for the delivery and installation of furniture. According to § 323 of the German Civil Code (BGB), as a consumer, you have the right to withdraw from a contract if the seller has not fulfilled his contractual obligations, for example, if the delivered furniture is defective.
The deadline for contract cancellation is usually 14 days from the date you received the goods. It is important that you declare your withdrawal in writing and inform the seller of this. It is advisable to do this by registered mail in order to have proof of compliance with the deadline.
If the delivered furniture does indeed have defects that justify a contract cancellation, you should give the seller a reasonable deadline to rectify the defects. If the seller does not meet this deadline, you have the right to withdraw from the contract.
It is advisable to seek legal advice before withdrawing to ensure that you follow all legal steps correctly. A contract cancellation can have different consequences depending on how the seller responds and how the contract is structured.
If contract cancellation is not possible or if you are unsure whether the defects are sufficient to justify a cancellation, you may also consider other legal actions. These may include price reduction, rectification, or claims for damages.
I strongly recommend seeking legal advice to carefully examine your rights and options. I am available for further consultation.
Best regards,
Gertrud Knorr
Attorney specializing in contract law
