Purchase Agreement

Right of Retention for Storage and Costs – When the Seller Can Withhold the Item

Print Imagine a situation where the buyer delays in taking delivery or paying. The seller must temporarily store the item, which generates additional costs. Is it fair for the seller to bear these expenses alone? The law provides protection through the right of retention. Until the buyer reimburses the reasonably incurred costs, the seller may […]

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Retention of Title and Creditors – When You Need a Public Deed or Certified Signatures

Print A seller delivers goods but wants to retain ownership until the buyer pays in full. Between the parties, the situation is clear. But what happens if, in the meantime, a bailiff or insolvency administrator seizes the goods? Without the proper form of a retention of title clause, it may be too late. The law

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Installment Plans and Limits on Withdrawal (10% Threshold with Retention of Title)

Print A buyer purchases goods on installments, and the seller retains title – meaning the item remains the seller’s until the full price is paid. But what happens if the buyer misses a single installment? Can the seller immediately withdraw and demand the item back? Section § 2133 of the Civil Code protects the buyer

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How to Validly Determine the Purchase Price “by Method” and Avoid Invalidity

Print Many people worry that if a contract does not state the exact purchase price, it is automatically invalid. In reality, the law allows a different solution – the price can be determined by a method, as long as it enables the price to be established clearly. But it must be phrased correctly. A poorly

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Returning the Original Item and the Inability to Return It in the Same Condition – How the Law Decides

Print A buyer makes a claim for a defective product and requests a replacement. But what happens to the original item? And what if the buyer has already used it, consumed it, or otherwise altered it so that it cannot be returned in its original condition? The law addresses these situations – sometimes protecting the

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Withholding Part of the Purchase Price Until a Defect Is Fixed – How to Do It

Print Imagine buying new furniture and immediately finding a damaged surface. The seller promises to fix it but still demands full payment. Are you obliged to pay right away, or can you withhold part of the money? Section § 2108 of the Civil Code gives buyers a strong tool – the right to withhold a

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Material vs. Non-Material Breach of a Sales Contract – What Remedies Can the Buyer Choose

Print You buy a new product, but it doesn’t work. Or you close a deal for delivery of goods, and part of the delivery is missing. What now? Can you withdraw from the contract and demand your money back, or are you limited to a price reduction? The crucial distinction is whether the defect constitutes

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Obvious vs. Hidden Defects in Sales Contracts – What You Must Notice and What You Can Claim

Print Imagine buying a new car and immediately noticing a scratch on the paintwork when taking delivery. That is an obvious defect – something any reasonable person would notice right away. On the other hand, if months later the gearbox fails due to a manufacturing issue, that is a hidden defect. Distinguishing between these two

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When Do Rights from Defects Arise? At the Transfer of Risk or Upon Breach of Duty

Print Imagine buying a new appliance, taking it home, and realizing it doesn’t work. Or imagine closing a major B2B deal, receiving the goods, and discovering a hidden defect a few days later. At that moment, the key question arises – when exactly do you acquire rights from defective performance? The timing is crucial, because

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