The Civil Code (BGB) was amended on 1 January 2018. In accordance with Article 229 tec, the new rules apply only to obligations or contracts concluded after 1 January 2018. The amendments contain new rules concerning contracts for the sale of products, but in particular construction contracts. Contrary to popular belief that only written contracts are legally binding, oral contracts can also be legally binding. According to WAZ, oral contracts, with a few exceptions in sales law, will be considered legally binding agreements. After researching on reddit on similar situations, I discovered that we might be related. A friend of my mother`s, a lawyer, said we should pay the rent. I also agree that my friend technically provided written evidence by confirming in the email that we would take ownership, BUT this was before receiving the written contract. Could we not argue that the oral agreement was not in accordance with this kind of thing, as its only name on the treaty and not mine, and we could also argue any point, because it would be almost impossible to argue what are the differences between the verbal agreement and the written treaty? Were we obliged to inform him immediately after sending the contract that things were not as we had agreed in the written contract? Under German law, oral contracts are sometimes as binding as written contracts. Rental right is one of these cases (on the other hand, you have not bought property, no matter how many times you have shook hands, unless you have a written contract stamped by a notary).
I`ve heard a lot of stories of landlords in Munich harassing their tenants or potential tenants. CE to several people to orally promise the same housing, then delay the written contract so that they can offer it to another person in case of default of another. Many resort to legal threats and letters from lawyers in the hope that people are too afraid to defend themselves. And 2 months from the lease, I wouldn`t worry about the poor owner. In Germany, it is very unusual for them to conclude an oral contract. German businessmen prefer all conditions and agreements written and signed in a legal format. Thank you all. I`m considering the 50/50 option of paying half a month`s rent to keep things calm. If you surround yourself and wonder, it seems that the service will be missing and that the requirement of the written contract is or was part of the oral contract that was not concluded.
Also, I don`t have the keys and I probably won`t have them. So there was no legal contract, orally or otherwise, so no worries for the OPERATION. Even after the “alleged” oral contract, the owner had to submit a written contract as agreed. The owner never produced it, in violation of this contract if there was one. In view of the legal testimony of the Obergericht Düsseldorf, which resembles the transaction, there was none. Prohibition of agreements restricting competition The question of whether an exchange agreement has been concluded or simply proposed depends on the terms of the “oral agreement to initiate the recruitment process”. Z.B. “You and I agree to pay you $X in exchange for Z due in exchange for Y” is a contract.
In the example of a lease agreement, the two parties may have different agreements to shake hands. Imagine a situation in which one party shakes hands with the intention of actually hiring the other person, while the other thinks that the handshake is just an agreement to send the actual contract of verification and possible acceptance – these people have not agreed on the same thing, so the contract is invalid…