Ask a lawyer on the topic of Contract law

Purchase agreement withdrawal

January 17, 2010 | 30,00 EUR | answered by Bernhard Müller

On 13.09.2009, we ordered a sofa set at a consumer fair. The terms of the purchase contract stated that delivery from the manufacturer's factory would take 12-14 weeks after completion. We did not receive any other delivery date. 14 weeks had passed by 20.12.2009. We gave the manufacturer a grace period of 4 weeks (according to the general terms and conditions of the purchase contract, a grace period of 4 weeks must be given and if it expires without success, the buyer is entitled to legal claims). The 4 weeks have now expired. The sofa set was supposed to be delivered on Thursday, 14.01.2010. However, the driver delivered a completely different set (wrong color and material). We did not accept it. A new delivery is supposed to take place "sometime." Can we now withdraw from the purchase contract or do we need to set a new deadline? What are the legal claims if we cannot withdraw from the purchase contract?

Bernhard Müller

Dear inquirer,

pursuant to § 323 I BGB in conjunction with § 437 No. 2 BGB, the creditor (you) may withdraw from the contract if, in a bilateral contract (in this case a sales contract), the debtor (seller) has not provided the performance (no delivery at the originally agreed upon date) or has not provided it in accordance with the contract (delivery of the wrong sofa set), and the creditor (you) has unsuccessfully set a reasonable deadline for performance or rectification (in your case, 4 weeks) to the debtor (seller).

According to your description, this is the case. Despite your deadline, the seller has not provided the owed performance, but delivered the wrong sofa set.

Therefore, you are entitled to withdraw from the contract.

Kind regards,

Bernhard Müller
Lawyer.