Zakelijk, Arbeid, Schade
Particulier
A few hours later, WE DISCOVER vía Carfax.nl, that the car was imported from another country and that the km on the teller were not original. It also says that the car had a previous accident. Since the car Is imported, there is no way to access the history of the car during the years it was in another country.
The owner of the garage didn't informed us of this and because of the lack of transparency, monday 13th we told him we will not put the car on my name and we wanted our money back. We are parents of a baby and we dont want to travel with our child in a car which we are not sure at all is completely safe.
He refuses to give us our money back because he says the car Is a good car. First he sayd he will not give us our money back, and now he says that he wants to keep 10% from the money we already paid. It looks like he just wants to cheat on us.
We told him that we don't want the car because we don't trust him and he was not transparent with us and we expected for him to be explícit about the history of the car. Actually I think this is a must!!!!!
We have checked on many websites and all of them says the car is imported, probably it has been a taxi, km on the teller are not original and It had an accident.
We want the money that we paid in advance back because we don't trust the car, and we can't trust the owner of the garage. The information that he gave us about the car was not transparent at all but he refuses.
We don't know how to proceed because since the first moment we told him we discovered he hadn't been transparent with us he became defensive and he told us we will not get our money back. We really need some advice... It just looks like he wants to cheat on us :(:( that's the reason we are contacting rechtswinkel.nl
Thanks for your attention and We are looking forward to hear from you.
Regards,
G & M
There is lack of information on the side of the seller and there is breach of contract too because the km teller is not right , this is a head term : it must be right. Do you have proof the km is not what is is? If you must dissolve agreement and ask money back plus damage. ( grounds 7:17 BW and further ) I can help you write a legal notice to te seller.
Reactie van de vraagsteller
Thanks Monique, We definitely need help writing a letter in Dutch.
Definitely there was a lack of information from his side, he didn't tell us the car was imported and this information was neither on their website. We didn't check the books from the car so if this information is there I guess then all this situation is our fault. :(
The amount of km on the teller is 144000. In carfax and in other websites it is said that it is not the original amount of km (km NAP). He told us the amount of km on the teller was original (nap) We just contacted juridisch loket and they say it is very difficult to know the original amount of km (NAP) if they have been modified but we can know if the teller raport is logisch or not.
What I understand after my conversation with the team from juridisch loket is that there are two kind of indicators from the amount of km a car has. The original (nap) which is very difficult to know and the logical one from the one RDW has information about. It is posible then that the amount of km of the car has been modified and it could be that the car has already walked 300.000 km (example) but the teller raport is logisch with 144.000. Does this means he would walked away if we bring him to court?
To check this information with the RDW we need a tellerraport from the dealer which we are not sure he will give us.
Reactie van de vraagsteller
Thanks Monique, We definitely need help writing a letter in Dutch.
Definitely there was a lack of information from his side, he didn't tell us the car was imported and this information was neither on their website. We didn't check the books from the car so if this information is there I guess then all this situation is our fault. :(
The amount of km on the teller is 144000. In carfax and in other websites it is said that it is not the original amount of km (km NAP). He told us the amount of km on the teller was original (nap) We just contacted juridisch loket and they say it is very difficult to know the original amount of km (NAP) if they have been modified but we can know if the teller raport is logisch or not.
What I understand after my conversation with the team from juridisch loket is that there are two kind of indicators from the amount of km a car has. The original (nap) which is very difficult to know and the logical one from the one RDW has information about. It is posible then that the amount of km of the car has been modified and it could be that the car has already walked 300.000 km (example) but the teller raport is logisch with 144.000. Does this means he would walked away if we bring him to court?
To check this information with the RDW we need a tellerraport from the dealer which we are not sure he will give us.
You are thinking to far going to court. You must see it that he will not hold you on the contract but he keeps the deposit . So there is reason to reduce this deposit to a resonable price as a altenative way of the one I already gave.
As I understand the research you did on the teller now could have done before the selling date. On the buyer also lays duties of research like the one you did , certain if there was a reason , in this case low teller km. My advice is not to proceed this will costs more the the car , but send a legal notice summing you want the deposit back .
You see if he sells the car again he will be enriched to much. So, if you have difficult prove or km is modifed I would suggest next time better research and satisfide with a certain amount of deposit in return. The car is not on your name to this point wright?