Kommt ein Kaufvertrag bei Kleinanzeigen zustande wenn ich einem Verkäufer schreibe dass ich den Artikel nehme?
Ich gehe momentan nämlich meinem Hobby nach und schreibe unverschämten scalpern von PS5 Disk Laufwerken oder Dubai Schokolade dass ich ihre überteuerten Artikel kaufe und halte die dann solange hin bis die vom Kauf abspringen. Jetzz will mich einer anzeigen weil er meint es wäre ein gültiger Kaufvertrag 😂 stimmt das?
A purchase contract is concluded automatically when a seller announces the will to sell an item and a buyer announces the will to want to buy it.
In short: Yes, as described, a binding purchase contract is concluded.
The advertisement for classifieds is the “Wille for Sale” which was announced by the seller.
Your answer that you want to take it is your “welcome to buy” you’ve done.
The seller basically cancels the declaration of will when setting. If you say you buy it, don’t care how…because there is no form, then it’s a valid purchase contract. Advertisement will not bring anything before, but he can file a lawyer and then pay the attorney fees.
If they agree, yes. The ad as such is only an invitatio ad offeringendum.
If you enter the offer and agree to the offer, a valid purchase contract has been concluded.
No, because the other person has to say “ok wants to sell to you”. But if that happened, your text is definitely a valid application under the 433 BGB and you would be there for civil law. But it’s usually just an empty threat.
Yes, the offer itself is already the declaration of will of the seller
No. Like shop shops.
Invitatio ad offerendum.
It’s about classifieds, not about Ebay itself, where you can really buy directly. Classifieds: I would like to buy and the seller can of course say “No not to you” or “Jemand was faster”
Just because MEHRERE could make a offer at the same time (= write a message), which would not be possible for the purchase contract.
If he did not, the questioner would not exist. If the seller had said “no”, the question would ultimately be superfluous. 😉
If the FS writes the Vk “I want to buy your Dubai chocolate at the offered price” and the Vk writes “ok, let’s do”, there’s a valid purchase agreement
Nonetheless – as a buyer you would only get clean from the number with a “no” of the seller. The will to buy was clearly expressed.
Right
One would have to know the exact wording of the conversation in order to be able to judge this, but in principle, a binding purchase agreement can be created.
There is a mutual declaration of will and agreement on the purchase price. The Seller’s declaration of will already exists with the offer, so if you write that you buy the item at the specified price, a legally valid purchase contract has actually been concluded that you have to fulfill. If someone wants to sue you about it, he can do it successfully. Showing nothing
not quite
The Seller’s declaration of will is NOT the offer. Imagine 100 buyers would accept the offer almost at the same time, but there is only one article. The declaration of will of the seller must therefore also be specifically addressed to the buyer “yes I sell you article x at the price y”
Right
Advertisement is cunning and does nothing to him.
Otherwise he has the right, of course, that is a valid purchase contract you would have to fulfill.
But just write to him that you want an orderly bill, because he is acting with the intention of winning and therefore commercial.
He then no longer insists on the purchase agreement.
Otherwise you have to learn drauß….