Has a sales contract come about? Complain?

Following situation;
After a gentleman, who is a private person and not an entrepreneur, put photos and purchase price of his playstation into a sales facebook group, I wrote to him and meant that I would like to have her. He has agreed and we have made a meeting point and time.

The day before we were supposed to meet, he did not want to sell her and wanted to resign from the purchase contract, which is actually not possible with a purchase contract between private individuals. After threatening with a lawyer, he blocked me. By coincidence, I learned that he wanted to sell Playstation to someone else. I have cellphone number and address from him. What should I do?

Just go to Media Markt and buy what you want.

Do you really want to invest your time and money on such nonsense? Is pure waste of lifetime.

Purchase contracts are concluded by two identical statements of intent. But the whole thing sounds more like a non-binding offer and a demand.

One can't withdraw from whim. You need a legal or contractual reason.

The contract (yes, that has definitely come about: offer + acceptance) is still valid and you can request the Playstation. Since he has resold her this is impossible and you have a claim for damages against the seller.

What you are doing now is to write to him to send you the Playstation within the next two weeks. If the two weeks expired, he comes in "default". Then you go to a lawyer and he sends him a reminder (which he has to pay, as well as your legal fees).

And if it still does not work then the next step is debt collection.

Absolutely no way. Here are without problems two matching declarations. Thus, a purchase contract has come about.

To be honest, I would be really cautious about rashly pursuing the (in the worst case expensive) legal way!

Did you really agree on absolutely everything or did you want to meet her at the meeting? Possibly. Talk again about the price or similar? And did he explicitly say / write that you get the device or just that he still has it and you can get it? Etc. Etc. Etc…

As you can see, one or the other exact formulation may be relevant or for you, if necessary, become a problem.

Therefore, I advise you: do yourself a favor and try to get somewhere else to the coveted PlayStation.

Cozy evening still!

As always, if two argue then the judge decides.

He must pay the costs only if the judge gives the place.

At the cost you sit first, have fun.

The judge will give it but instead. That is the usual legal practice and occurs a hundredfold every day.

Right. And as the questioner describes the case, he gets the judge right.

When I told him that I wanted to buy it fixed, he said OK and even wanted to send me the Playstation by mail.

The seller will probably represent it quite differently.

Also, if I look at a flat, then I have not signed a sales contract for a long time yet.

As I said, you would really have to know each sentence exactly to be able to evaluate it realistically, but here is not on the one hand, "online legal advice" and also: Right and get right are unfortunately sometimes two completely different things…

No, but if you say you want to buy the apartment and the owner agrees and you have agreed on a key delivery date, then a sales contract has been concluded.

Of course, as far as the problem of proof is concerned, that is of course something else. But this is only about the material legal situation.

The judge is not allowed to ignore laws, and usually he does not.

The legal fees are not correct. The "seller" does not have to pay in any case.

But. At least in this case. Especially if he is in default: §§ 280 Abs. 2, 281 Abs. 1 BGB i.V.m. Section 286 (1) BGB.

As I said when two argue then the judge decides. Also, do you really want to force someone to gun down with a gun in front of your chest?

The seller says so, the buyer says so, is alone on the judge whom he presents.