What rights do I have when withdrawing from the purchase contract?
October 9, 2022 | 45,00 EUR | answered by Sandra Altmann
Dear Lawyer,
I am reaching out to you to seek advice on a legal matter. I recently entered into a purchase agreement for a car that I bought privately from a seller. Unfortunately, upon closer inspection of the vehicle, I discovered defects that were not known to me at the time of the contract. Among other issues, the air conditioning is not working and rust spots have been found on the underbody.
My concern now is that I regret the purchase agreement and would like to withdraw from the contract. However, I am unsure of what rights I have in this situation and how best to proceed. My goal is to unwind the contract and receive a refund.
Could you please explain to me what rights I have as a buyer when withdrawing from a purchase agreement? Are there any legal provisions that could assist me in this case? What steps do I need to take to properly execute the withdrawal?
I thank you in advance for your assistance and look forward to your support in this matter.
Sincerely,
Marcus Schwarz
Dear Mr. Schwarz,
Thank you for your inquiry regarding the cancellation of the purchase agreement for the car you purchased from a private seller. I am sorry to hear that you have discovered defects in the vehicle and are now dissatisfied with the purchase. I am happy to explain your rights as a buyer in this situation and how you can best proceed.
As a buyer from a private seller, you have certain rights if the purchased product has defects that were not known at the time of contract conclusion. According to § 437 BGB, you as a buyer have the right to withdraw from the contract if the vehicle does not have the agreed quality or is not suitable for ordinary use. This also applies if the vehicle has defects that were not obvious and were only discovered later.
To legally carry out the withdrawal from the purchase agreement, you must inform the seller of the defects and set a reasonable deadline for rectification or cancellation of the contract. It is advisable to do this in writing to have proof of communication. If the seller does not respond to your demand or refuses to cancel the contract, you can involve a lawyer to represent your interests.
It is important to note that as a buyer, you bear the burden of proof for the defects. Therefore, you should gather and keep all relevant documents, such as reports, photos, or witness statements, to support your claims.
Overall, it is advisable to act quickly in the event of defects in the purchased vehicle and seek legal advice to enforce your rights to the best of your ability. I hope that my information is helpful to you and I am happy to answer any further questions you may have.
Sincerely,
Sandra Altmann
Attorney specializing in contract law
