Anyone who has enough time to thoroughly examine an offer won't be surprised by it and won't be able to cancel. (Photo: © Andrey Popov/123RF.com)
Read aloud:
If a customer accepts a written offer after reviewing and renegotiating it, they can no longer revoke the contract with the tradesperson. This is because they were not surprised by its contents, ruled the Higher Regional Court of Stuttgart.
For contracts that outside business premises If the closures occur, consumers usually have a Right to cancel But anyone who checks a tradesman's offer, renegotiated And if someone accepts the contract, they cannot revoke it. The Higher Regional Court of Stuttgart saw no duress.
A private client commissioned a landscaping company to redesign her garden. The company sent her a written offer, whereupon she spoke with her bank about financing. Later trance A customer and an employee of the company met in her garden to discuss the price. negotiate. They eventually agreed on a flat fee of €50.000, with better terms than the original offer. After the company completed its work, it submitted an invoice for approximately €44.000.
After that, the woman wanted to see the contract revoked She invoked her right of withdrawal, arguing that the contract had been concluded outside of closed business premises. The dispute went to court.
The Higher Regional Court of Stuttgart sided with the craftsman. Although the contract outside The customer was told that the business premises were closed. No right of withdrawal.
Operations management
Operations management
Operations management
Because after the EU Directive 2011/83 have consumers in the case of contracts concluded away from business premises, no Right of withdrawal if the following Conditions are fulfilled: In advance, he has a Contact of the entrepreneur, which he extensively rethink could, and that he could to his advantage renegotiated That was precisely the case here: The customer had received the offer well in advance, had ample time to consider everything carefully, and could even renegotiate to her advantage. Surprise situation so it was not .
"If the consumer is presented with an offer by the entrepreneur prior to the conclusion of the contract and has the opportunity to examine and consider it without influence from the entrepreneur, then, according to the principle pursued by the Consumer Rights Directive, the consumer is entitled to the benefit of the consumer." Purpose of protection The requirements for a contract concluded with the simultaneous presence of the contracting parties outside of business premises are not met; a typical Print- or Surprise situation within the meaning of recital 21 of the Consumer Rights Directive, before the § 312 b German Civil Code human life should then not "before," the verdict stated verbatim.
Stuttgart Higher Regional Court, Judgment of October 21, 2025, Ref. No. 10 U 79/25
PRACTICAL TIP
Find craftsmen Free Information and Sample forms for cancellation instructions > at the Central Association of German Skilled Crafts (ZDH).Right to cancel
Since 2014, private customers have had a 14-day Right to cancel
at Distance selling contracts and for contracts that outside business premises were closed (AGV).
Example of a AGV: The craftsman takes measurements on site and then concludes a contract directly with the customer. oral Contract. In such situations, businesses must inform consumers in a timely and comprehensive manner about their Inform about the right of withdrawalFrom this point on, the customer can 14 days long revoke the contract without giving reasons.
Attention: if the instruction about the right of withdrawal missing, is incorrect or incomplete, extended the right to 12 months and 14 days! If the craftsman begins his work at the express request of the customer near After the 14-day period has expired, the customer should definitely not forget to provide the information! Only then will the customer be required to pay for the services already provided in the event of a cancellation. Without In such cases, the craftsman will not follow the proper cancellation policy blank out!
New rules for the cancellation policy since May 2022:
- Since May 2002, no Fax number no longer be mentioned – neither in the cancellation policy nor in the cancellation form! Voluntary information is still possible.
- The Phone number must be included in the cancellation policy (note: not in the cancellation form!).
- The Email address . in both be specified, including in the Cancellation form.
- The cancellation policy must also inform consumers about the circumstances under which they may exercise an initially existing right of cancellation. verlieren, inform.
- What is also new is that the consumer is offered a Confirmation To do so, the trader must provide the consumer with a Documents (as paper, email, SMS, etc.) confirming that the customer expressly agrees to the execution of the contract before the expiry of the withdrawal period agreed and has confirmed his knowledge of the associated loss of the right of withdrawal upon contract execution. The customer must also be informed of this fact.
NO right of withdrawal for emergency operations
In individual cases, the customer no Right of withdrawal, even if the contract was concluded outside the business premises. exceptions are for example "Emergency operations" Who urgent repairs and maintenance measures for which the consumer has expressly requested the tradesman. This could be, for example, a burst pipe or the repair of storm or hail damage. Please note: The exceptions do not apply automatically. Rather, the tradesman must inform the consumer about instruct, that he has no right of withdrawal.
Right to cancel
Customer cancels door-to-door sales, tradesman left empty-handed. > Read more here!The Adviser in the Craftsmanshipmern help them bei Legal issues gerne .DHB now also digital!Simply click here and register for the digital DHB for free!
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