International Sales Lawyers in Germany

Legal Solutions Made in Germany

International Sales Lawyers in Germany

Legal Solutions Made in Germany

One of the most frequently agreed legal transactions in everyday life is the contract of sale. However, many people are unaware that a contract is being concluded. Regular sales contracts, such as purchasing bread rolls at the bakery, are also relatively unproblematic. Nevertheless, there may also be cases in the law of sale that have particular features and cause problems.

§ 433 German Civil Code (BGB) sets out the obligations and rights of the buyer and seller when concluding a contract for the purchase of goods. The lawyers at Schlun & Elseven Rechtsanwälte are happy to outline how you should proceed in a dispute and support you in asserting your interests. Our practice group for international sales law ensures thorough legal advice and comprehensive representation for private individuals and companies.

Contracts: Drafting, Reviewing and Contesting

Regardless of the type, a contract should always be thoroughly reviewed and analysed before it is concluded. In particular, the following factors should be considered: contestability, nullity, completeness and effectiveness of clauses and the contents of the contract itself. Our lawyers will be happy to advise you on these aspects. In doing so, they will carefully review, revise and optimise your purchase contract. We also support you in any contract negotiations.

In addition, drafting and reviewing general terms and conditions is another focus of our contract review. The incorrectness of these terms and conditions can lead to serious consequences. To prevent such consequences, we review the effectiveness of the general terms and conditions clauses in your contract and ensure that your interests are protected in the best possible way.

Conveyancing of Real Estate and Property

Our real estate lawyers advise purchasers and sellers in construction, real estate, tax and contract law. Our practice group specialising in this area advises you on purchasing land, houses and other real estate. Our experts review the relevant purchase agreements and discuss with you how to deal with any limitations on the property.

We also support you in the purchase of a vineyard. Particularly with this purchase, buyers must consider certain legal aspects. To ensure the continued existence of agricultural businesses and to be able to maintain and improve the agricultural structure, they must comply with licensing obligations.

Our lawyers support you, among other things, in applying for the permit required for the purchase per the Real Estate Transactions Act. We also advise and represent you in questions regarding the warranty, termination or cancellation of a lease agreement.

German Sales Law

A distinction can be made between commercial and private sellers. A private sale is characterised by a private person selling an object, and the possibility of a disclaimer of warranty is given. However, the exclusion of liability does not apply if, among other things, the defect was fraudulently concealed or the seller had provided a guarantee for the quality of the item (cf. § 444 BGB).

There is also a difference between private and commercial purchases concerning taxes. While a commercial seller may be subject to income, trade or turnover tax, a private seller does not usually have to pay taxes. An exception applies if the seller sells an object to which the speculation period and the corresponding regulations of § 23 EStG apply. This could occur, for example, with the sale of precious metals.

While the buyer can assert any claims under the warranty or guarantee, the seller has the right to demand acceptance and payment of the object of purchase. The international sales lawyers at Schlun & Elseven Rechtsanwälte advise and support both the buyer and the seller side. Therefore, our practice group also represents sellers in enforcing their rights.

International and UN Sales Law

Cross-border deliveries of goods are an essential part of daily business, especially in the B2B sector. The UN Convention on Contracts for the International Sale of Goods is intended to simplify and standardise international trade, i.e. the legal aspects of international trade in goods.

The UN Sales Convention (also United Nations Convention on Contracts for the International Sale of Goods – “CISG”) is an agreement which is applied if the contracting parties have their place of business in different countries (cf. Art. 1 CISG). However, the application of the CISG may also be excluded.

Our lawyers will be happy to explain to you which rights and obligations the contracting parties are entitled to in each case under the UN Sales Convention and under which circumstances the application of the CISG is excluded.