Help with legal questions about car purchase


Questioner

In May 2016, after preliminary research and in good faith, I bought a Volkswagen from a private individual. Less than a month after purchase, a letter from the RDW arrived on the mat stating that my car had to be examined by the RDW because a raid on a car importer (who also imported my VW) gave reason to do so. The investigation showed that the car consists of multiple parts and the identity cannot be determined. Rejected and cannot be repaired. I immediately put the seller in default by letter and gave him 14 days to remedy the situation. No response. Then I dissolved the purchase extrajudicially in a subsequent letter and gave him another 14 days to hear the case. Again no response. Now sending a summons is my next step. What value does it have for a judge that the seller did not respond to both of my letters within a reasonable period of time? I am very curious if anyone can tell me anything about this, thank you in advance!

Lawyer

Not so much. (it is less important than you think). Hopefully you have structured the claim well. There is a non-conforming purchase from private individual to private individual. In my opinion, this case can go two ways: there is a question of non-conformity but the obligation to compensate the damage in full is reduced because the seller himself also made a mistake about the properties of the car, which mistake cannot be blamed on him either (mutual mistake) or you are right and the purchase price is refunded, and consequential damage, but that is less obvious here. If you wish, I can try to prevent a lawsuit by still drafting a legally formulated letter, a notice of liability and dissolution and/or annulment due to error. Much greater chance that the seller will respond,,,, will you contact me immediately?

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