What deadlines apply in the event of contract cancellation?
May 5, 2023 | 45,00 EUR | answered by Konrad Höfer
Dear lawyer,
I am writing to you because I recently entered into a contract that I would now like to cancel. It is a purchase contract for a used car that I concluded with a private seller three days ago. Upon closer inspection of the vehicle, I noticed defects that were not mentioned in the purchase contract. I feel deceived and would like to withdraw from the contract.
I have already researched that certain deadlines must be adhered to when withdrawing from a contract. However, I am unsure about the specific deadlines that apply in my case and how best to proceed. I am concerned that the seller may not accept the withdrawal or may try to take legal action against me.
Could you please provide me with information on the deadlines for withdrawing from the contract in the area of a purchase contract for used vehicles? Are there any special considerations to take into account if defects in the vehicle were not disclosed to me? What steps should I take now to properly withdraw and be legally protected?
I thank you in advance for your support and advice on this matter.
Sincerely,
Lukas Rüppel
Dear Mr. Rüppel,
Thank you for your inquiry regarding the cancellation of the purchase contract for a used car. It is understandable that you feel deceived and wish to cancel the contract as defects in the vehicle were not disclosed to you. In such cases, it is important to be aware of the applicable deadlines and legal framework in order to correctly and legally cancel the contract.
In the area of purchase contracts for used vehicles, the legal regulations of the German Civil Code (BGB) generally apply. According to § 437 BGB, as a buyer, you have the right to withdraw from the contract if the vehicle is defective upon delivery. In this case, you must set a reasonable deadline for the seller to remedy the defects.
If the seller does not rectify the defects within the set deadline or if the remedy fails, you have the right to withdraw from the contract. It is important that you declare the withdrawal immediately and clearly, preferably in writing by registered mail. By doing so, you document your withdrawal and can prove in case of dispute that you acted in a timely and correct manner.
In your case, where defects in the vehicle were not disclosed to you, this could be considered as fraudulent misrepresentation by the seller. In this case, special regulations apply that allow you as a buyer to withdraw more easily. You then have the right to withdraw from the contract without setting a deadline.
It is advisable to seek legal advice before withdrawing to ensure that you take all necessary steps correctly. A lawyer can help you draft the withdrawal and defend your rights if the seller does not accept the withdrawal or tries to take legal action against you.
I hope this information is helpful to you and I am available for further questions or personal consultation.
Best regards,
Konrad Höfer, Attorney
