How can I contest a contract?
July 15, 2023 | 40,00 EUR | answered by Konrad Höfer
Dear lawyer,
I am reaching out to you as I urgently need help. My name is Jakob Ziegler and I am facing an issue related to a contract I have entered into. I am feeling overwhelmed and unsure of how to proceed.
The situation is as follows: a few weeks ago, I entered into a contract with a handyman who promised to carry out some renovation work in my house. However, after he started the work, I realized that the quality of the work does not meet my expectations. Mistakes were made and the work was not done properly.
I have tried speaking with the handyman and finding a solution, but he refuses to correct the mistakes or refund my money. I feel deceived and want to challenge the contract.
I am very worried as I am unsure of how to proceed legally and if I even have a chance of successfully challenging the contract. I fear that I will be left with the costs and will have to pay again to have the work corrected.
Therefore, my question to you is: how can I challenge the contract with the handyman and what options do I have to enforce my rights and reclaim my money? I would greatly appreciate your support and guidance in this matter.
Sincerely,
Jakob Ziegler
Dear Mr. Ziegler,
Thank you for your inquiry and your trust in my expertise. The situation you are in is certainly very annoying and understandably you want to enforce your rights and successfully challenge the contract with the craftsman. I will therefore show you some steps and options on how to proceed in this matter.
First of all, it is important to know that as a consumer you are legally protected and have certain rights if the contractually agreed services are not properly performed. In case of defective work or errors by the craftsman, you have the right to remedy, meaning the craftsman must correct the work properly or perform it again.
If the craftsman refuses to remedy the defects or refund your money, as a consumer you have the right to challenge the contract and potentially claim damages. First, you should set a reasonable deadline for the craftsman to remedy the defects in writing and ask him to do so. It is important that you document and photograph all defects and errors precisely to have evidence for your claims.
If the craftsman fails to remedy the defects even after the deadline, you can withdraw from the contract, have the work done by another craftsman, and invoice the original craftsman for the costs incurred. In addition, you can claim damages to compensate for the financial loss caused by the defective work.
It is advisable to seek legal assistance in such a case to successfully enforce your claims. A contract law attorney can provide comprehensive advice, review your rights, and support you in enforcing your claims. Together, you can develop a strategy to successfully challenge the contract and reclaim your money.
I hope this information is helpful and supports you in your legal situation. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Konrad Höfer, Attorney
