Must I Pay for Unsolicited Tax Advisory Services?

Question from Watermelon404, Must I Pay for Unsolicited Tax Advisory Services?

Answer from AI:

When you receive an invoice for services that you did not request, it’s important to understand your rights and obligations under the law. In Germany, the provision of services and the resulting obligations to pay are generally governed by contract law, which is codified in the Bürgerliches Gesetzbuch (BGB), Germany’s civil code.

Understanding Your Situation

If you have received an invoice from your tax advisor for services you did not request and were not informed about, there are several key points to consider:

• Existence of a Contract: Typically, a contract or agreement, either written or verbal, is required for the provision of services. If you did not agree to the services, either expressly or implicitly, there may not be a binding contract.
• Scope of Services: If you have an ongoing relationship with your tax advisor, it’s possible that the services fall within the scope of what you have previously agreed upon. Review any existing agreements or contracts to determine what services you have consented to.
• Communication: Service providers should inform their clients about the services they are providing and obtain consent, especially if additional costs are involved. Lack of communication and consent may be a basis for disputing the invoice.

Steps to Take

1. Review Your Agreement: Check any contracts or agreements you have with your tax advisor to see if the services in question are covered.
2. Contact Your Tax Advisor: Reach out to your tax advisor to clarify why you were billed for these services. There may have been a misunderstanding that can be resolved through communication.
3. Dispute the Invoice: If you believe the invoice is unjustified, you can formally dispute it in writing. Explain that you did not request the services and did not agree to them being performed.
4. Seek Legal Advice: If the dispute is not resolved, you may need to consult with a legal professional who can provide personalized advice based on the specifics of your case.

Legal Advice and Resources

While this information provides a general guideline, individual circumstances can vary greatly. It is often beneficial to seek legal advice from a qualified attorney who can assess the details of your situation. They can help you understand your rights under German law, including the BGB, and represent you if necessary.

For more information on German contract law, you can refer to the official translation of the BGB. Additionally, consumer protection organizations in Germany may offer guidance and support in dealing with disputes related to unsolicited services.

Remember, it’s important to act promptly when disputing an invoice, as delaying can complicate the situation. Keep records of all communications with your tax advisor, as they may be important if the dispute escalates to legal action.