RIGHT OF PURCHASE:


The law of sale regulates the relationship between seller and buyer on a legal level. The object of purchase can be a thing, such as a car, a piece of land, etc., or a living being, such as horses or dogs. An entire company can also be the subject of a purchase contract. The conclusion of the contract entails rights and obligations for both the buyer and the seller. If the object of purchase has a defect (deficiency) when it is handed over (legally correct: at the transfer of risk), the buyer may assert warranty rights.

 

In most cases, the buyer can choose whether to have the item repaired or to exchange it. Very often this legal regulation is misapplied and an exchange is refused.

 

There may also be warranty claims. The difference is as follows: warranty rights are in the law, warranty claims are in the purchase contract if the seller grants a warranty on the purchased item.

 

In principle, with the exception of a few regulations, the contracting parties can also make deviating agreements in the purchase contract, as they are often found in the general terms and conditions of business of companies. However, despite the fundamental freedom of contract, the contents of general terms and conditions are not always legally effective. In some contracts there is also a right of withdrawal (for example, in the case of an online purchase).

 

Contact us at any time with your concerns.