Enforcement of claims
December 28, 2009 | 20,00 EUR | answered by Michael Vogt
Hello,
I live in Austria and I responded to a private advertisement for bird cages in a bird forum in Germany, stating that we would take the items. However, I have since received the items as a gift and have informed the gentleman that we will not be taking them. Now I have received a letter from a lawyer stating that I am obligated to pay for the items as it constitutes a valid purchase agreement. Do I really have to take and pay for the items?
Kind regards, Marion
Dear inquirer,
Based on the facts you have provided and considering your input, I am happy to answer your question as follows:
According to German law, a sales contract is formed by two matching declarations of intent, i.e. an offer and acceptance.
Therefore, if the seller has offered the bird cages for sale in the forum and you have accepted this offer, a valid purchase contract has been concluded. No special form is required for this.
Furthermore, if the seller is a private seller and not commercially dealing with bird cages, you do not have a right of withdrawal or cancellation.
Accordingly, you are unfortunately obligated to accept and pay for the cages.
I regret that I cannot provide you with a more favorable response in this matter, but I hope that my answer has at least given you an initial overview of the legal situation.
Please note that this response, based on your information, is only a first legal assessment of the situation. It cannot replace a comprehensive evaluation. By adding or omitting relevant information, the legal assessment may be completely different.
You are welcome to contact me through the follow-up option on this platform or via my email address for further questions.
For legal representation beyond this initial consultation, my law firm is also available to assist you.
I wish you a pleasant day and remain
Yours sincerely,
Attorney Michael Vogt
