Craftsmen in the sights of contract brokers
It's the same story every year. In the summer, cases increase in which dubious attempts are made to convince tradespeople to sign brokerage contracts in the hope of securing contracts. These brokers operate nationwide.
The Chamber of Crafts Lübeck advises caution, as the pattern is always the same: After the initial contact, an appointment is made at the agent's headquarters. Upon closer examination, the contract, which is then to be signed on site, often contains a blatant disproportion between performance and consideration, according to the Chamber.
Among other things, services are promised verbally which are not included in the written contract text and upon signing a fee is immediately due which the tradesman is supposed to pay in advance - often by (cross-)signing a bill of exchange on site.
Checklist: When you should become skeptical!
- If circumstances are mentioned that allegedly make a rapid signing of the contract necessary.
- When something is promised that, upon critical consideration, is hardly realistic. For example, contract brokerage with industry and territorial exclusivity for each of many companies!
- If oral agreements cannot be found in the written contract text.
- If you are required to make an advance payment upon conclusion of the contract.
- If you are required to (cross-)sign a bill of exchange on the spot. Once a bill of exchange has been cross-signed by the debtor, the creditor can redeem it at any time at the debtor's expense.
The Lübeck Chamber of Skilled Crafts strongly warns against engaging with such offers without proper due diligence. Any skilled craftsman who visits such a "contract broker" should read the fine print carefully before signing and check whether the verbally promised services are actually included in the contract and whether signing the contract is actually worthwhile for you.
To avoid carelessly signing a bill of exchange (crosswise), remember the banker's saying: "Sign - back and forth, but never sideways!"
Anyone who has mistakenly signed a contract due to deception about the circumstances and the alleged execution of the contract should immediately contest the contract with the broker, preferably in writing by fax or registered mail. Those who have not yet made any payment will then have the advantage.
Anyone who has already signed (or cross-signed) a bill of exchange on-site may only be able to stop the payment by immediately instructing their bank. In such a case, it is advisable to have the bill of exchange reviewed by a lawyer.
Craft businesses that wish to report similar cases or require legal advice can contact the legal advisors of their Chamber of Crafts.
Quote from a consultant at the Cologne Chamber of Crafts on this topic: "Hands off! Because if you have orders, you don't pass them on to others."
Text:
Ulrike Lotze /
handwerksblatt.de
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