Contract with roofing company burst
July 13, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
My son wanted to buy the materials for a new roof covering from a company, but only if the credit for the costs came through. However, the credit fell through and now the company wants money from him because he cannot buy the materials. The preliminary contract also does not state that he has to pay a penalty if the credit and thus the purchase of the materials does not go through. Their legal department is even threatening with bank account and wage garnishment and a negative entry in the credit bureau if he does not pay the money. What advice could you give him?
Sincerely,
Mrs. Marsch
Dear inquirer,
Thank you for your inquiry!
I would like to respond to your question considering the circumstances you have described as follows:
I assume that the company that granted your son the loan is not the roofing company itself. If this is not the case, please inform me so that I can provide a brief response on this matter.
It is clear that your son entered into a legally binding purchase agreement. The specific outcome depends on what was agreed upon in this purchase agreement.
If it was agreed that the contract would only be concluded once your son obtained the loan, then the contract ultimately did not materialize due to the loan agreement falling through.
However, if the purchase contract must have been concluded, your son would also need to pay the purchase price. I assume that this contract was not concluded over the internet, so your son would not have the right of withdrawal.
If the purchase contract is indeed valid, your son should contact the company and try to negotiate a installment payment agreement.
A Schufa entry would be possible in case of non-payment, and an account seizure would only occur if the company obtained an enforcement title, such as a judgment in a lawsuit or an enforcement order in enforcement proceedings.
I hope I have provided you with initial legal guidance and wish you success and all the best!
I would like to point out the following:
The legal advice I have provided is based solely on the facts you have provided. My response is only a preliminary legal assessment of the situation and cannot replace a comprehensive examination of the facts. Adding or omitting relevant information could lead to a completely different legal assessment.
I hope my explanations have been helpful to you. Feel free to contact me through the follow-up option on this portal or via my email address.
I wish you a pleasant Monday afternoon!
Sincerely,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316
