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Old 15.04.2015, 15:38
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Validity of Contract after bad advice

Hello all,

Slightly complicated one, but I feel I know the answer in advance, but anyone who has experience or legal knowledge of this, advice would be appreciated.

So in my apartment, the building firm contracted a company to build me a wardrobe.
Before the order was made, I put in writing (well email) to the building company my desire for the wardrobe to be in a certain place, not the default placement and the building company agreed and said they would forward the info on to the wardrobe company. The crucial difference here is that the wardrobe would be in a different room and of different dimensions to the default plan.

Come the Abnahme of the apartment, I see they have built the original sized wardrobe in the original spot, not the bigger one in the room I wanted.

I am a bit annoyed about this, and find their suggestion they dismantle and move it to the other room unacceptable - it is the wrong size and will no longer be "new", but rebuilt.

The communication breakdown was between the building company and the wardrobe builder, this has been confirmed by the wardrobe builder so i do not hold them responsible at all. They have offered to build another wardrobe in the place i wanted for a 20% for goodwill.

The issue comes now though, apparently (and really!) the after discussing the changes, the building company sent me the original contract to sign, with the default wardrobe dimensions and location, and I signed it without reading too closely. Usually I'd put this down to idiocy on my part, but I feel there is a share of guilt here, as the building company have failed to fulfil their obligations by "verletzen Trau und Glauben" by sending me the wrong contract.

I've agreed to pay for a new wardrobe with the 20% discount, but think that the building company should chip in something, like 50% of the building costs or something like this...what thinks the EF?

Cheers,
StirB
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Old 15.04.2015, 15:42
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Re: Validity of Contract after bad advice

In my opinion it was at your discretion to read the contract properly, so the error was on your part.


The agency will definitely not take any liability and wash their hands saying you agreed to the Termin (contract).


Anything to rid of being out of pocket...
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Old 15.04.2015, 16:52
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Re: Validity of Contract after bad advice

Where was the bad advice? I'm afraid the contract is king here - you signed it, therefore you agreed to it. As I've learned from experience, after you've agreed all variations - check the contract before signing.
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Old 15.04.2015, 18:44
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Re: Validity of Contract after bad advice

Yup I learned the lesson of not reading contract (lease in my case) also the hard way....

Now I always ask for a few days to go through EVERY contract I get
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