Car sales and purchase contract: Your rights

Questioner

I sold my car via a website. This website received a verbal agreement from me via a recording of a telephone conversation that I would sell my car for the amount of 3000 euros including VAT. I received a response that there was a buyer who agreed to 3000 euros. I had to contact the buyer. I did that, went through the purchase contract with him and he confirmed in that conversation that it was the right car that he was the buyer in question. But he also confirmed that it was an amount of 3000 euros including VAT as an agreement between seller (me) and buyer (him). My personal details were also confirmed in the conversation. However, what he did not know is that I recorded the entire conversation. When I came to him he said that he only wanted to pay 2500 euros, while in a telephone recording we all parties agreed to 3000 euros including VAT. I also never mentioned a different amount at any time. My question is, aren't all parties now bound by this purchase contract? I think I am obliged to deliver the car to the seller for 3000 euros including VAT and the buyer is obliged to take my car for 3000 euros including VAT! I look forward to hearing from you yours sincerely a private person

Lawyer

You are partly right because you are claiming VAT and I don't quite understand that, after all you are selling as a private individual?

Questioner

I do indeed have to change myself. I have also had the recorded telephone conversation with the buyer and the recorded telephone conversation with the website about the amount of 3000 euros including VAT. I have had the amount of 3000 euros in both conversations. That is an agreement that I have reached with the site and with the buyer. The site's terms and conditions state that the bidder places a bid including any VAT due. Nothing more. But it also says in the terms and conditions that I quote: (name site) is in no way liable for misuse or abuse of this model contract. Nor is (name site) a party to this contract. The service provided by (site name) solely and exclusively concerns the mediation in the conclusion of this purchase agreement between supplier and bidder and buyer and seller respectively. Isn't it true that when I seller and buyer have discussed different conditions in a recorded conversation and he has agreed. That at that moment the conditions of the site no longer matter since I did not discuss the conditions of the site only the obligation between buyer and seller and he answered with a resounding YES. Then these conditions are the new conditions??

Lawyer

As a private individual (?) you are not liable for VAT, so that it is not due. A sales price of € 3,000.00 incl. VAT is € 2,479.34 excluding VAT, so the price that the other party wants to pay is correct in my opinion.

Questioner

I do indeed have to change myself. I have also had the recorded telephone conversation with the buyer and the recorded telephone conversation with the website about the amount of 3000 euros including VAT. I have had the amount of 3000 euros in both conversations. That is an agreement that I have reached with the site and with the buyer. The site's terms and conditions state that the bidder places a bid including any VAT due. Nothing more. But it also says in the terms and conditions that I quote: (name site) is in no way liable for misuse or abuse of this model contract. Nor is (name site) a party to this contract. The service provided by (site name) solely and exclusively concerns the mediation in the conclusion of this purchase agreement between supplier and bidder and buyer and seller respectively. Isn't it true that when I seller and buyer have discussed different conditions in a recorded conversation and he has agreed. That at that moment the conditions of the site no longer matter since I did not discuss the conditions of the site only the obligation between buyer and seller and he answered with a resounding YES. Then these conditions are the new conditions??

Lawyer

Based on your further explanation, I am of the opinion that you can hold the other party to the purchase price of € 3,000.00.

Questioner

This is the recorded conversation as it went between me, the seller, and he, the buyer: Good morning, this is the seller I am calling about. The sale of my car via (site name) I would like to discuss the following with you regarding: You must verify the identity of the buyer, the buyer's details must match the details on this agreement. If in doubt, contact us immediately. The purchase price is: 3000 euros Vehicle data Color: bright purple Brand: automobile Model: turbo turbo Version: turbo special Year of construction: 2002 Engine capacity: 1560 Power: 81 kW Mileage at time of registration: 290,000 km Fuel: Diesel Body: 4-door Sedan Transmission: Manual License plate: 66-66-66 Apk expiration date: 02-10-2000 Here is the buyer's answer: YES, YES Seller's obligations: Seller must deliver the vehicle just named to the buyer unless otherwise agreed. Seller must make an appointment with the buyer within 48 hours of contact with (site name). And deliver the vehicle just named within 2 weeks, unless otherwise agreed. Upon acceptance of the agreed purchase price, the seller is obliged to sell the vehicle just named. (so the vehicle just named concerns the vehicle I describe in this conversation?) Buyer's obligation: The buyer is obliged to take over the vehicle just mentioned and to pay the agreed purchase price to the seller, unless the vehicle just mentioned does not meet the description. In this case, the buyer has the right to submit another offer. The buyer has the right to investigate this by means of an inspection or possibly by means of a test drive with the seller. Here was the buyer's response: YES THAT IS A STANDARD STORY, YES THAT IS ALL TRUE. the buyer then verbally confirmed the following to me: Buyer details: Car company handy harie blah blah street 7784 8874851 ddg in switzerland The Netherlands Phone number: 564645454545454 I then confirmed the following to the seller: Seller details: Name: private Address: I am 22 Postal code: 7733 aba Place: America Country: Netherlands Phone number: 08564568989755476 Email: I am het@mail.nl His comment in the conversation was that he had bought thousands of cars and had never experienced a customer wanting to discuss this with him. I explained to him that I was obliged to do so (see beginning of conversation) otherwise I would owe a fine of 15% for incorrect delivery amounting to 450 euros. We then made an appointment for the delivery and that was also the end of the conversation and recording. Now I want to know for sure whether this is now binding for the buyer to take the car as I mentioned in this conversation and whether he therefore has to pay me an amount of 3000 euros or not?

Lawyer

Based on your information, you have entered into an agreement with the buyer. This is binding, so that the buyer must purchase the car at the agreed price, which is then € 3000.