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.
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. <