Can I withdraw from a closed contract?
September 1, 2023 | 40,00 EUR | answered by Konrad Höfer
Dear contract law attorney,
I am reaching out to you because I am unsure if I can revoke a contract that has already been concluded. My name is Dietrich Dörr and I recently signed a contract for the delivery of a new computer. Unfortunately, upon further consideration, I realized that I do not actually need the computer as my financial situation has unexpectedly changed.
The contract was signed online two weeks ago and the delivery is scheduled to take place in the coming days. I have already made a down payment, but I am concerned that I may not be able to revoke the contract and will be stuck with the costs. I have already looked into the right of withdrawal, but I am unsure if it applies to my specific case.
Therefore, my question to you is: Can I still revoke the contract for the delivery of the computer even though the delivery is imminent? Are there possible solutions to free myself from this situation and get the down payment refunded? I would greatly appreciate it if you could provide me with legal advice and guidance on this matter so that I can develop a clear course of action.
Thank you in advance for your assistance.
Sincerely,
Dietrich Dörr
Dear Mr. Dörr,
Thank you for your inquiry regarding the revocation of an already concluded contract for the delivery of a computer. I understand your concern and will do my best to provide you with legal advice and guidance to help you resolve this situation.
In general, consumers have a legally established right of withdrawal for contracts concluded online or outside of business premises. This right of withdrawal allows you to withdraw from the contract within a period of 14 days without giving any reasons. This period usually starts from the moment you concluded the contract or were informed about your right of withdrawal.
In your case, you concluded the contract online two weeks ago, which means you are still within the legal deadline for withdrawal. Even if the delivery of the computer is pending, this does not automatically mean that your right of withdrawal is waived. You can still revoke the contract and request a refund of the deposit.
To correctly execute the withdrawal, you should inform your contractual partner in writing that you wish to withdraw from the contract. It is advisable to do this by registered mail to have proof. After the withdrawal, you are obliged to return the received goods and the contractual partner is obliged to refund the deposit.
If your contractual partner does not accept the withdrawal or causes difficulties, I recommend seeking professional legal assistance. A lawyer specializing in contract law can help you enforce your rights and, if necessary, take legal action to recover the deposit.
I hope this information helps you and that you can develop a clear course of action. If you have any further questions or need assistance, I am of course happy to help.
Best regards,
Konrad Höfer
Contract Law Attorney
