Can I withdraw from an oral contract?
June 8, 2024 | 40,00 EUR | answered by Konrad Höfer
Dear contract lawyer,
My name is Anneliese Zimmermann and I have a question regarding an oral contract that I recently entered into. I agreed to a verbal agreement with a contractor who was supposed to carry out repair work in my house. Unfortunately, the situation has since changed and I would like to withdraw from this oral contract.
The agreement was made verbally, without a written contract or any other documentation. The contractor has already started work, but communication between us is not smooth and I am not satisfied with the quality of his work. Additionally, I have concerns regarding the costs and timeframe, which were not clearly defined.
I am worried that I may be legally bound by the oral contract and cannot simply withdraw. Is there a legal way for me to withdraw from this oral contract? What steps should I take and what consequences could arise from this?
I would greatly appreciate it if you could provide me with your professional assessment of this situation and suggest possible solutions. Thank you in advance for your help.
Sincerely,
Anneliese Zimmermann
Dear Mrs. Zimmermann,
Thank you for your inquiry regarding the verbal contract you entered into with a craftsman. It is understandable that you have concerns and are wondering if you can withdraw from this contract. I will provide you with a detailed assessment of the legal situation and suggest possible solutions.
In general, a verbal contract is just as legally binding as a written contract, as long as the legal requirements are met. A contract is formed when two parties make matching declarations of intent aimed at a legal outcome. In your case, you verbally agreed with the craftsman to carry out repair work in your house, which qualifies as a contract under the law.
However, there are certain requirements that must be met for a contract to be valid. This includes reaching an agreement on the main points of the contract, such as scope of work, price, and timeframe. If these points were not clearly agreed upon, this could strengthen your position if you wish to withdraw from the contract.
To withdraw from a verbal contract, you generally need to obtain the consent of the other party to the contract. However, in your case, there appear to be communication issues and you are not satisfied with the quality of the work, making it difficult to reach an agreement. In such cases, it may be advisable to seek legal advice and potentially take legal action.
For example, you could try to discuss your concerns with the craftsman and find a mutually agreeable solution. If this is not possible, you could involve a lawyer to represent your interests and potentially take legal action. Possible consequences of withdrawal could include compensation claims by the craftsman if your withdrawal causes him financial harm.
Overall, it is important that you seek legal advice in this situation to understand your rights and obligations and be able to act appropriately. I am available for further questions and individual consultation.
Best regards,
Konrad Höfer, Contract Law Attorney
