Lawyer's tip! How to expose untrustworthy contractual partners!
In our legal practice, we repeatedly realise that many legal disputes could have been avoided if our clients had taken a closer look at their contractual partners in advance. In the age of the Internet, it is easy for anyone to access a wide range of information. The trick is simply knowing where to look.
I. Google search
The easiest way to obtain information about a person or a company is to search Google.
1. name entry
We recommend that you first enter the full first and last name of the private individual or the company in the Google search.
The Google search may need to be extended by entering the residential address of the private individual or the registered office of the company.
For the first time, the results that Google delivers can be viewed from top to bottom.
If the private individual or the company in question has already attracted negative attention in the past, corresponding reports would appear relatively high up in the search.
2. using certain search terms in the Google search
If the initial Google search is unsuccessful, it is advisable to add the search term "experiences" to the name in the Google search.
Particularly in the case of contractual relationships between companies and consumers (B2C, business-to-consumer), relevant rating platforms such as "Trustpilot" provide an initial indication of the reliability of a company.
Attention!
If the valuations of a company have been submitted within a short period of time or if the valuation of a company is extraordinarily high in relation to the number of valuations, caution is advised.
Consumers tend to leave reviews if they are not satisfied with a service. An excessively high rate of positive reviews is unrealistic and should therefore be critically scrutinised.
No company in the world can make all of its customers completely happy.
II. Website of the potential contractual partner
After reviewing the Google results, we recommend taking a close look at the website of the potential contractual partner.
The main focus is on the imprint.
According to Section 5 of the German Telemedia Act (TMG), service providers in Germany are obliged to provide certain information in the legal notice of their website.
If the website does not have an imprint, this is not only illegal, but also indicates the inexperience or lack of seriousness of the potential contractual partner.
If the legal notice indicates that the company in question is located abroad (e.g. in China), it is important to consider carefully whether it makes sense to conclude a contract with the provider in question.
If a consumer in Germany wishes to purchase a product offered by a foreign supplier, the question arises as to how any warranty rights should actually be enforced in the event of a legal problem with the seller.
The seller may have to be sued at his place of business, which can lead to considerable inconvenience for the person concerned.
III. verification of the information in the imprint
After viewing the legal notice, it is worth checking the information obtained for accuracy.
1. insight into the commercial register
If the legal notice indicates that the service provider is a limited liability company based in Düsseldorf, for example, it is advisable to check this data in the commercial register.
In the commercial register, the commercial register can be searched under "Advanced search" (as of August 2024) by entering the data of a company.
The easiest way is to enter the register number and the register court and search for it.
If, for example, the imprint shows that the company (XYZ-GmbH) is registered under the registration number HRB123456 at Düsseldorf Local Court, enter "123456" under registration number and click on "Düsseldorf" under registration court.
Ist die Suche im Handelsregister erfolgreich, kann unter „Dokumentenansicht“ unter anderem eingesehen werden, wer Gesellschafter des Unternehmens ist.
2. insight into the Federal Gazette
In addition to the commercial register , it is also possible to inspect the Federal Gazette. Depending on the size of the company and its turnover, anyone can inspect the annual financial statements and thus the balance sheets in the Federal Gazette.
Conclusions about the financial situation of a company can be drawn from the balance sheets.
This is particularly relevant for potential house builders, as many property developers run the actual contracts through their subsidiaries.
This has the disadvantage for the other contractual partner that, in the event of the subsidiary's insolvency, it can only access the subsidiary's assets, which in turn can lead to unfair results.
IV. Conclusion
Better safe than sorry, as the saying goes. If you would like to have your potential contractual partner or even your contractual texts checked by a lawyer, we are always available with our expertise.
You can send us a message at any time using our contact form . Alternatively, you can also send us an e-mail or call our office. Our office will answer your call within our opening hours. You will usually hear back from us within 24 hours.
Tolga Topuz
Lawyer
Topuz Law - Law firm from Düsseldorf -
