Cancellation of construction contract is not confirmed

  • Erstellt am 2021-03-24 10:51:00

T_im_Norden

2021-03-24 17:51:29
  • #1
With a crafty opponent, you already have a problem. They simply don’t open the door for the postman, so it is not delivered and you end up with a deadline problem.
 

Schelli

2021-03-24 18:05:03
  • #2
Yes, very clever. Some even dismantle their mailbox. But none of it helps. Access is faked and that’s it.
 

11ant

2021-03-24 20:58:19
  • #3


There is, however, one "formal requirement," namely the correct recipient. In one of the two cases I linked in post #13, it was precisely about this: the original poster there had addressed his revocation to the franchisee, who in the revocation instructions had indicated that the revocation was to be addressed to "the franchisee c/o legal department of the franchisor." Regarding the effectiveness of addressing a recipient contrary to the revocation instructions, I had recommended clarifying this with a lawyer rather than relying on forum opinions.
 

Schelli

2021-03-25 08:27:17
  • #4

The thing is that for the corresponding lawyer's fee, you get exactly one opinion. But if you attend legal lectures, it quickly becomes clear that 10 people have 12 opinions. And if the case turns out to be extremely absurd, it regularly emerges that a judge has decided it that way :) Regarding the correct recipient, there is also the issue of authorized recipients. How large can the administrative apparatus of such a franchisee possibly be? I would think, probably, to put it exaggeratedly, there is accounting, legal department, and construction supervision combined in one person. In other words: if I am not directly dealing with a global corporation, it is presumably sufficient that a revocation is received at the central mailroom for it to be considered properly served.
 

11ant

2021-03-25 15:33:09
  • #5
That is exactly what it is about: the franchisee himself is a master bricklayer by training and not a lawyer, and his own small business is far too small to have its own employed legal counsel. That is precisely why the legislator gives him the possibility, in the revocation instruction, to specify where the revocation is to be directed. The revocation instruction is part of the contract – the client has thus acknowledged which provision regarding the recipient of the revocation has been agreed upon. He would have had the freedom to cross out the pre-printed text and negotiate to send the revocation directly to the non-lawyer master bricklayer – but then the latter would have had the freedom (and probably would have used it) to not enter into the contract. That the contractor wants to be represented as the recipient of the revocation by a legally knowledgeable authorized recipient is – as far as it was part of the revocation instruction – acceptable and binding for both contracting parties. Every judge can have his own view on this, as long as his higher regional court does not have a differing one: he can see it as an agreement between the two contracting parties that is not immoral and was made by fully competent participants and thus binding on both; or he can be partial to the consumer and consider it appropriate to interpret the agreement as "deliveries are requested exclusively to the authorized representative" – which is not the same as "... are valid exclusively to the authorized representative." Conversely, regardless of whether the judge or the entire chamber got out of bed on the left or right foot, if the client addresses the revocation according to the agreement, the recipient must accept this delivery as valid against themselves. Mind you: I am expressing my opinion as an experienced businessman but not as a lawyer.
 

MatzeDunien

2021-03-27 16:40:08
  • #6
Hello,

I would wait a little. The access has been confirmed.
Due to a job loss in December shortly before the deadline, I had to terminate a house construction contract with a very large prefabricated house provider. The acknowledgment of receipt came after 2 weeks, the confirmation of the cancellation after 3 months...
Otherwise, I would kindly ask the new franchisee to inquire.

Best regards
M
 
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