Under German law, whoever proposes a contract to another is bound by that proposal — unless he has expressly excluded the binding. The provision is § 145 BGB.
The default is commitment. Once the offer has reached the other side it cannot be withdrawn, and the recipient can bring the contract into existence by saying yes.
A German who makes an offer has already given something away.
Bonn. An online chat with the help desk at a major telecommunications company. It's about my mobile phone service.
German Company: "A hearty welcome to your personal online help, etc. You are speaking with Mike."
Magee: "Hi, Mike. I have an xyz contract. Can I add my 17-year old son to it?
Mike: "No. You son can only have his own contract after he turns 18."
That "No" struck me as rather direct, hard, immovable.
An "American Mike" would have written something like: "We would love to add your son to your contract. And we have all sorts of flexible ways for you to configure your family plan. To give your son, at age 17, his own contract is unfortunately not permitted by law. We apologize for the inconvenience. Would you like to hear about our family plan options?"
But the chat with Mike continued and he gave me helpful information and quickly. I was thankful.
If confronted with a yes-no question too early, Germans react instinctively with a no. They reject any form of pressure to commit to something.
Even after having provided in-depth information and advice to a potential customer the German salesperson will be careful not to ask the closing question "Do you want to buy?".
Instead they will state their continued availability to answer any and all additional questions. Germans are allergic to any form of direct selling. Hard selling has a particularly bad reputation.
German consumers avoid the pressure applied by direct sales by seeking out expertise in their network of personal and professional contacts, including using online social networks. Germans want to take their time before making decisions. An intelligent sales approach respectfully gives them that time.
The German 'no' can often come quickly, and seemingly without any consideration. The degree of hardness of that 'no' can vary, however. The most effective way to overcome a German 'no' is to first identify what the reasons are for it, then address them one after the other with convincing counterarguments.
'No' – for now. Germans, too, fear receiving a quick and hard no, from management, business partners and customers. It is not uncommon to receive such a 'no' from a customer, but then be invited to a dinner, during which the discussions address how the parties might at some point collaborate on a first project.
The hard and fast 'no' can become a flexible 'no', potentially even a 'yes'. The German 'no' is seldom a definitive rejection. Instead it indicates that something, some aspect, certain details are not (yet) right, so that a German cannot (yet) commit. No often means "I cannot say yes based on what we have discussed thus far". In such circumstances, Germans will actually use the word Jein, a combination of yes and no, signaling maybe.
If discussions about a possible agreement are not business-like or unfocused, Germans will readily exercise their veto. Or, if they have an alternative approach, they will reject the initial proposal, thereby affecting a change of course and eliminating unnecessary discussion.
Germans tend to be well prepared before deciding on whether to enter into an agreement, and assume that the other parties are too. Usually, they have a plan or proposal ready. Instead of explaining point for point why they reject a given proposal, they simply respond with a 'no'.
Because the 'no' can come fast and definitively, it can throw the non-German party off balance. One needs to remain calm and describe clearly the reasons for one's own proposal. If they are valid, the German partner will take them seriously and actively seek out the best approach, including a compromise.
Despite German reluctance to use follow-up, there are situations in which it is unavoidable: In order to stick to a well-defined plan; when the customer requests information; if work results are not delivered on time. The Germans prefer the term 'nachfassen' – literally, after hold. Or 'nachhaken' – literally, after hook or check.
Follow-up in Germany can be either negative or positive. Negative in the sense of control. Positive in the sense of support. Follow up – negative – questions one's ability and willingness to produce good work results. At the same time – positive – it is essential to checking technical details, getting necessary information, verifying due dates.
Organizations which are time-driven rely on follow up. News organizations are just one example. Any and all forms of logistics is another. Timing is critical. Schedules need to be met. Employees are under pressure. Deadlines are deadlines.
Follow-up can be supportive. An older, more experienced colleague can inquire in a friendly way about the status of another's work. A team lead who coaches her team well knows when and how to follow up by simply asking "How are things going? Can I help in any way?"
Follow-up by colleagues on a report, speech, or published article is positive. It means that they have taken sincere interest in your work. It also gives them an opportunity to demonstrate their competence by asking intelligent questions.
In German team meetings follow-up is the rule, not the exception. Open action items can be addressed directly. Team members establish a common baseline of information.
Finally, there is another very legitimate reason to use follow-up in Germany: If things are not going right, if an error has been detected, if the work is being performed improperly. In such cases there is only one course of action. Follow up, and fast!
Germany is a country based on the rule of law. And there are many laws in Germany. The Germans abide by them. For Germans, rules and regulations are one way to reduce risk of personal liability. This can make work with Germans difficult for non-Germans. A conditional German yes might very well be based on the fear of being made personally responsible for the outcome of an agreement.
Working with Germans or setting foot on German soil immediately involves coming in contact with German laws. Why are escalators in Germany so slow? Because the store owner is liable for any accidents.
Bus drivers in Germany will only let passengers enter or exit at designated bus stops, even if it is only ten meters away. For legal reasons. When sending an email to a group of friends the other email addresses should not be visible. Personal email addresses are private and protected by Datenschutz, information privacy protection laws.
Computers often need repair. Employees of companies are not permitted to take action, unless they are in the IT department. If repairing leads to further damage, the employee is personally liable. For it is not their job, but the employer‘s, to repair company equipment.
The same goes for cleaning. Rolling up your sleeves and cleaning dirty windows in your office is a nice gesture, but not a good idea in Germany. The employee is liable for any injury incurred during the cleaning. The company‘s insurance company certainly will not pick up the costs. And the company can even charge the employee for not focusing on the work they are paid for.
German laws also prescribe clearly in which locations what kinds of commercial space can be used for. Many an organization has learned the hard way that the space they rented cannot be used for the purposes they intended.
Follow up in Germany is a sign of mistrust, of doubt in one's reliability, in that person's ability to deliver what they have promised. For Germans typically only commit if they are close to absolutely certain that they can execute.
Germans are very sensitive about mistrust, and do not deal with it well. A fictitious example: Small team. The members have their individual tasks, but need to collaborate at certain points. They work well together. The team lead can pay less and less attention to them. A new team member, though, begins to take advantage of the lead's hands-off management style by looking for personal advantage.
The other team members become a bit unsettled. A few others also begin to think only of themselves. Mistrust creeps into the team, the points of contact become strained, collaboration more difficult. Their boss sees the signs and reacts by scheduling team meetings more frequently, checking on each team member's work. Then come the emails and phone calls going into more detail.
The increased follow up strains relations. Several of the team members begin to look for alternative jobs within the company. A top performer is gone within a month. Others have sent out their resumés. Follow up can lead to mistrust, a virus with potentially deadly results.
The yea-sayer/ the nay-sayer is a so-called school-opera written by Bertold Brecht, Elisabeth Hauptmann and Kurt Weill in 1930. Initially it was titled The Yea-sayer, and the plot revolved around the question of whether an individual must be agreeable to sacrificing themselves for the good of society.
In the first version of the piece a boy gives ‘permission’ for his own execution. After a string of discussions with students and workers Brecht’s The Yea-sayer was modified into a second version, where the yea-sayer is presented in contrast to a nay-sayer.
This nay-sayer calls the blind obedience of the yea-sayer into question. The function of the yea-sayer has seen a variety of literary interpretations; perhaps the most common interpretation being that the character represents the expression of a false obedience with regard to authority and social norms.
Indeed, the term ‘yea-sayer’ has a negative connotation in the German culture. To be a yea-sayer means to say ‘amen’ to everything. Not to resist. To accept anything. Better to be a nay-sayer in this case.
Nay-sayers may be more complicated and unpleasant for those around them, but at least they stand up for their own beliefs. An initial ‘no’ could simply be a way of expressing oneself first.
Companies with a monopoly are the only ones who don't need sales and marketing. All others need to fight for new customers on a daily basis. In Germany, too. But Germans don't feel comfortable "knocking on doors", even less so following up on an initial contact if the first response was skeptical.
Follow up means making that second or third call, writing that second or third email, reaching out again. What's the problem? Germans don't like pushing their product or service, especially if they sense that the other party may not be interested. Often Germans are too polite, too slow, not aggressive enough.
Perhaps this is related to Germans identifying themselves strongly with their work. They want to "stand fully and totally behind what they do." Sales also involves uncertainty, unpredictability, and situations for which one cannot fully prepare. The interactions can be short, spontaneous, shallow. Germans prefer predictability and depth.