What rights do I have if a contract was imposed on me?
February 18, 2022 | 40,00 EUR | answered by Gertrud Knorr
Dear attorney,
My name is Nina Ziegler and I have a question regarding contract law. A few weeks ago, a seller forced a contract upon me that I did not actually want to enter into. Unfortunately, I was under pressure at that moment and signed without carefully examining the terms. Now I regret it greatly and wonder what rights I have in this situation.
The contract includes services that I do not need and will not use. Additionally, I feel that the seller deliberately deceived me by withholding important information. I feel my freedom of choice was restricted and I would like to cancel the contract if possible.
I am worried that I am now bound by the contract and do not know how to get out of this unwanted agreement. I want to avoid having to pay for services that I will not use. Therefore, I am seeking possible solutions to clarify my situation and assert my rights.
Could you please help me and explain what legal options I have if a contract was forced upon me? Is there a way to challenge or revoke the contract? What steps should I take in this situation to enforce my rights?
Thank you in advance for your assistance and I look forward to your response.
Sincerely,
Nina Ziegler
Dear Mrs. Ziegler,
Thank you for your inquiry regarding contract law. I am sorry to hear that you were pressured into an unwanted contract agreement and are now unsure of the legal options available to you. In such a situation, it is important to be aware of your rights and act accordingly.
First and foremost, it is important to know that just because you signed a contract does not automatically bind you to it. There are legal options available to get out of a contract that was entered into under undue pressure or deception.
In your case, where you mentioned that the seller pressured you and withheld important information, a rescission of the contract under § 123 of the German Civil Code (BGB) may be considered. Rescission means that the contract is retroactively declared void if it was entered into under a mistake or deception. In your case, the fraudulent deception by the seller could be a reason for rescission.
To rescind the contract, you must declare to the contractual partner within a certain deadline that you wish to rescind the contract. It is advisable to do this in writing to have proof of the rescission. It is also recommended to seek legal assistance in a timely manner to ensure that your rescission is done correctly from a legal standpoint.
Furthermore, a withdrawal of the contract under the statutory regulations of the right of withdrawal may also be considered if it is a distance contract. Here, you should check if the conditions for withdrawal are met and act accordingly.
In any case, I recommend that you promptly consult a specialized attorney in contract law to analyze your situation precisely and discuss individual solutions. An attorney can also help you enforce your rights against the contractual partner and, if necessary, take legal action.
I hope that this information helps you and wish you all the best in resolving your contract situation.
Sincerely,
Gertrud Knorr, Attorney at Law
