Legal assistance with car purchase problems

Questioner

Ir/Madam, Yesterday I bought a car from a car dealer. I ended up with him after a marketplace advertisement. It felt good and it was a nice car so I decided to buy it. The only thing missing yesterday was the license plate; according to the man I spoke to it was in the safe but they would text the license plate today, because I still wanted to check a few things. Today it turns out that there is no license plate yet, because it is an imported car, while the marketplace advertisement states that it is not an imported car. In addition, based on the chassis number it appears that the car is from 2005 instead of 2006 (which was stated in the marketplace advertisement). This morning (less than 24 hours after the purchase) I contacted the dealer and asked to wait with incurring costs (inspection, etc.), because I had doubts and wanted to find out a few things first. Then I indicated that he sold me a car under false pretenses and that I therefore wanted the purchase price back. However, he does not want to cooperate because he has already incurred costs. First of all, I asked him directly this morning not to incur any costs and in addition, the costs that were incurred are IMPORT COSTS while he would have to pay them anyway. Can I do anything legally about this? I look forward to hearing from you. Kind regards ....

Lawyer

You must cancel the purchase because you have not received what was clearly promised on the website, one or more main characteristics of the purchased item are missing. If it concerns a sale with a professional party, you must appeal to article 7: 17, 18 and 21 BW. Alternatively, you can also claim the missing amount pursuant to Article 7:21, but in that case you will of course keep the car and you will in principle be bound by the agreements you have entered into, such as the price. Because the dealer defaulted or fell into default before you, he cannot and may not claim consequential damages anyway. In addition, it is true that the damages he claims are not consequential damages, are not related to the fact that the sale did not go through, or he must prove that this is the case.