Cancellation of construction contract is not confirmed

Good day everyone!

My partner and I signed a construction contract with a fairly large franchise at the end of February. The confirmation then came to us two weeks later by registered mail. The cancellation policy states that the 2-week period starts from the contract conclusion. The construction contract clearly defines that the contract conclusion occurs with the written confirmation of the license partner. We only received this by registered mail 2 weeks after signing. However, we decided on another license partner of the same franchise because they had significantly better reviews and our other license partner actually does not build in the area of our property. Four days after receiving the written confirmation, we sent out our cancellation and a few seconds later it was read (email) and our salesperson (from the license partner) asked us why and if we met the deadline? We asked for confirmation of the cancellation, but a few days ago we only received confirmation that they received our letter regarding the contract conclusion in February (which, according to the construction contract, is not the defined contract conclusion). Our new license partner had even spoken with the head of the old company and they confirmed there that they accept the cancellation. Our new advisor also said that we are correct in our understanding of the deadlines. We really have no doubt that the cancellation was submitted on time since the construction contract clearly states when the contract was concluded. We do not know why the company is now reluctant to confirm the cancellation to us in writing. Has anyone experienced this before? Do we now have to expect that damages will be claimed? If necessary, we would go to court, but it would actually be much more pleasant without it since the construction is stressful enough.

Best regards Caspi

Go to a lawyer.

So we sent out our cancellation and a few seconds later it was also read (email)

Why did you only send an email and not a registered letter? This concerns a significant amount of money and in case of doubt, you bear the burden of proof that the cancellation was received correctly. Such matters are always done (additionally) with a registered letter (with return receipt/personal delivery). There is still no uniform court direction regarding cancellation by email (for proof that the cancellation was received). Have you ever called the company? Otherwise, first send a letter with a deadline for confirmation of the cancellation. Attach delivery/read confirmation etc. Only then consider further steps.

Thank you for the response!

We sent the cancellation again by registered mail 2 days later, and it is supposed to have arrived on Saturday. We also pointed out what is stated in the [Bauvertrag], and if they have any objections, they should inform us immediately. There has been no response yet.

I also wanted to call first, but only a written confirmation is useful, right? There would be no proof if it were verbal.

You do not need to confirm anything. The registered mail provides a confirmation of receipt. In case of doubt, a lawyer. Never!!! email. Always!!! registered mail. At most a fax. With a transmission confirmation. That would be equivalent to registered mail.

You do not have to confirm anything.

Correct.