A handshake to seal the deal – still common in the neighborhood garage, but doesn’t this casual agreement also carry risks? Especially when it comes to costly vehicle repairs, many wonder: Can I cancel a handshake agreement? And what are the legal consequences for me as the vehicle owner?
The Meaning of a Handshake: More Than Just a Gesture?
In German law, a handshake has symbolic meaning. It represents “pacta sunt servanda,” the principle that agreements must be kept. Verbal agreements are generally valid and binding. Professor Dr. Max Schmidt from the Technical University of Munich emphasizes: “Even an informal handshake agreement between a workshop and a customer constitutes a valid contract, as long as both parties agree on the essential contractual elements such as the scope of services and the price.”
However, caution is advised, especially in the area of car repairs, where complex issues and high costs meet. Often, the situation is not immediately clear, and hidden damage requires additional work and costs.
Canceling a Handshake Agreement: Possibilities and Limitations
Generally, there is no right of withdrawal for verbal agreements like there is for online purchases. Nevertheless, there are situations in which cancellation is possible:
- Lack of Certainty: If essential contractual components such as price or scope of repair were not clearly defined, the contract can be challenged.
- Error or Deception: If there is an error regarding essential contractual points, or if the customer was deceived by the workshop, they can declare withdrawal.
- Disproportionate Costs: If the repair costs significantly exceed the value of the vehicle, this can be a reason for cancellation.
Clear Communication Prevents Misunderstandings
To avoid later disputes, clear communication between the workshop and the vehicle owner is essential:
- Detailed Cost Estimates: The workshop should prepare a written and detailed cost estimate before starting the repair.
- Transparency in Additional Work: If unforeseen damage occurs during the repair, the workshop must inform the customer and obtain their consent before carrying out additional work.
- Written Documentation: All agreements, including verbal agreements, should ideally be recorded in writing.
Conclusion: Better to Ask One More Time
A handshake may still be considered a sign of trust and commitment in many areas of life, but caution is advised in the field of car repairs. Clear communication, written documentation, and detailed cost estimates create security and prevent later disagreements. If you are unsure whether and how you can withdraw from a handshake agreement, it is advisable to seek professional legal advice.
Do you need support with your vehicle repair or have questions about our diagnostic tools? At autorepairaid.com you will find helpful tips and tricks on the subject of car repair.
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