Sales law
Sales law is strongly influenced by European legal developments and was only recently significantly expanded to include digital content (purchase of large smart electrical appliances, etc.) in line with current social developments with the amendment to sales law on January 1, 2022. The underlying consumer protection rights were also extended. For example, the reversal of the burden of proof in favor of the purchasing consumer was extended from 6 months to 1 year. In other words: If a defect occurs in the purchased item within one year of it being handed over, it is assumed by law that this already existed before the purchased item was handed over and that the seller is subject to the warranty rights under sales law.
This small example illustrates what sales law is concerned with: The regulation of the relationship between buyer and seller with regard to the purchase of an item. A purchased item can be a book, a cup, a car, a house or even a company.
Consulting spectrum
- Sales law
- Tenancy law
- Compensation for damages
- IT contracts
- Craftsman's contract
- Artist contract
- Leasing contract
When a purchase contract is concluded, the buyer acquires the right to the purchased item, while the seller is entitled to payment of the purchase price. If the seller hands over the goods to the buyer or authorized third parties only partially, defectively or not at all, the buyer can set a reasonable deadline for subsequent delivery and, in the event of non-fulfilment, withdraw from the contract or demand compensation. However, the seller is also entitled to these rights in the event of non-payment of the purchase price. However, if the warranty right applies in favor of the buyer, the seller’s right to make a second tender must always be observed: As a rule, the buyer is obliged to let the seller perform subsequently first. There are only a few exceptions to this. Only after unsuccessful supplementary performance can further warranty rights be exercised.
In the context of a purchase, it is often questionable whether an effective contract has been concluded at all. This is usually not the case with subscription traps on the Internet, so that in such cases the claims against the consumer are unjustified and cannot be met. However, even if a valid contract exists, the consumer is still subject to European consumer protection law, which generally provides for a right of withdrawal and makes the unrestricted validity of general terms and conditions (GTC) rare.
Due to the complexity resulting from the legal acts of the European Union in the area of c
Tenancy law (for landlords and tenants)
Tenancy law in Germany comprises a large number of legal regulations that govern the relationship between landlords and tenants as well as the use of rented apartments and commercial premises. One of the most fundamental aspects of tenancy law are the tenancy agreements, which set out the terms and conditions of the tenancy, including the rental period, the rent, the operating costs and the deposit. These contracts must comply with certain formal requirements in order to be legally valid.
An important regulation in tenancy law concerns rent regulation. In Germany, there are legal provisions that limit the amount of rent and regulate rent increases, particularly in residential tenancy law.
Another key aspect of tenancy law concerns the billing of operating costs. Landlords can pass on operating costs to their tenants, but they must settle these costs annually and make the settlement transparent. However, there are also special features to consider here, as not every cost item may be transferred to the tenant. Tenants have the right to check the statement and object to it if necessary.
Maintenance measures and repairs are also an important part of the tenancy relationship. Landlords are obliged to maintain the rented property and carry out necessary repairs. Tenants, on the other hand, can and in some cases must even report existing defects and damage. If the landlord remains inactive in the event of defects,
Service and work contract law
I can also advise you on service and work contracts. Whether a service contract or a contract for work and services exists can be a complicated legal issue. As a result, however, the distinction between the two types of contract can be made by answering one question: Is a specific result owed by the service provider?
If the answer is yes, the contract is a contract for work. Otherwise it is a service contract. The distinction between the two contracts is necessary for the rights associated with one contract or the other. And even if this question appears straightforward at first glance, it can cause headaches even for Germany’s highest courts. Each legal situation must be considered individually and on its own merits.
Furthermore, there are still overlaps between the service contract and the employment contract and the assignment. In particular, the distinction from the employment contract is of the utmost importance in practice, as only the employment contract is subject to protective provisions under employment law, such as the Dismissal Protection Act, which has consequences under social security law. In unclear individual cases, legal experience and an intensive legal examination of the specific circumstances are particularly advantageous and, in my opinion, essential in order to understand and, if necessary, enforce the client’s rights.
Examples of service contracts:
Contract with freelancers, medical and treatment contract, lawyer’s mandate contract, mobile phone contract, telecommunications contract, contracts for software use, teaching contracts (e.g. student tutoring or language lessons), GmbH managing director contracts, consulting contracts (e.g. tax consultant)
Examples of contracts for work and services:
Construction contracts, contracts with architects, preparation of expert opinions or construction plans, contract for the manufacture of a tailor-made suit, contract with locksmiths for the manufacture of a key or the installation of a lock system, contracts with tradesmen for the cleaning of a blocked drainage pipe, repairs or for the construction of a house, contract for the construction of a trade fair stand
Creation, introduction and modification of software
Transportation of persons and goods
Contract for planning and design, assumption of a large part of the necessary overall organization and assumption of catering services
If the items to be produced are delivered, this is not a contract for work and services, but a contract for work and materials. The law on sales applies to this.
Examples of contracts for work and materials:
Delivery of windows and doors, delivery of a solar system, delivery of a newly manufactured piece of furniture, delivery of a newly manufactured work of art (oil painting, acrylic painting or statue)
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