Legal assistance with car purchase problems
Questioner
Dear Lawyer, We bought a new car on March 15th. That same day, the salesperson came to see our old car and made an offer. The purchase contract was drawn up, and a week later, we were able to pick up our new car. The salesperson checked the mileage and informed us that there was hail damage on our roof. He asked us if we wanted to report this to our insurance company. We did so, and the damage was reported to be €1800. They wanted to pay this, but that would reduce our no-claims bonus. If we wanted to maintain our no-claims bonus, they would deduct €400. We accepted this offer, and the amount has since been paid and deposited into the dealer's account. However, the dealer now wants us to pay them the remaining amount. We don't intend to do this because, to our knowledge, it's not necessary, as we didn't have to pay anything. Are we within our rights, or do we have to pay this?Questioner
Dear questioner, The seller offered you an amount that you accepted. In my opinion, the parties are bound by this unless otherwise agreed and this was clearly explained to you, stating that the purchase price excluded the claim for damages from the insurer. However, you state that, in your own opinion, you owed the seller nothing more; why then did you still pay the €400? This last point suggests that the parties did indeed agree on an exclusive price, but it weakens your explanation.Take the next step
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