Tarnari
2021-09-10 23:44:07
- #1
Sorry, I totally agree with Pinki. To me, this smells like old fish. But the comparison to the cancellation right in the Distance Selling Act is really inappropriate. This concerns defined products. Off-the-shelf items, produced thousands, millions of times identically. The statutory right of withdrawal only applies to purchases under the Distance Selling Act because the products cannot be inspected beforehand. That’s why, contrary to some common opinion, there is no right of withdrawal in retail. Added to this are contracts concluded via the internet or telephone, because it is assumed there that the scope of a contract is not clear at the time of conclusion and the customer must be given the chance to inspect the purchased item even after concluding the contract. Individual products, for example, are explicitly excluded. A painting that you commission, a custom-built piece of furniture, etc., are excluded from withdrawal. There are also options there, but they are highly complex. In my opinion, a house is a) an extremely individually planned matter and b) presumably no one plans and commissions a house online. Depending on the contractor, you receive contracts or offers. You can read them calmly and commission or not. The cancellation right in the Distance Selling Act is good (unfortunately often abused), but it has no place here. Regardless, I fear that is being taken advantage of. I would really consult a lawyer if I were you. And if only to know on what basis to make decisions to pay more. Possibly the lawyer says “not possible at all, they have no chance to succeed with this.” That does not mean a legal dispute. Initially just a letter that puts you in a different position in the case. Possibly the lawyer also says “hmm, difficult. To me, that seems fishy. I can do something but can’t promise it will help.” That’s then a gamble. In the worst case, he says “sorry, everything is clean. That won’t help.” Anyway, in all three situations you have the choice how to proceed. That is initially only legal advice. Nothing more. I would have the need to know where I stand and then make my decision.Sorry, time limit for processing exceeded, so here’s a late follow-up: Just as an example: The common 14-day cancellation right in Germany is of course not comparable and I don’t want a cancellation right or anything like that now, but it shows what is theoretically possible in terms of consumer protection..... it doesn’t have to be that extreme.