Legal assistance with purchase agreements - Legal aid centre


Questioner

Dear, We recently had a conversation with a representative of parquet floors from a renowned company. We reached a purchase and both signed a purchase agreement for a certain amount. Now the representative calls me 4 days later to tell me that he made a miscalculation, which makes a difference of about 400 euros. Now he appeals to the fact that the company can cancel the purchase within 8 days. Is this true? We can also agree to the higher price, which we do not intend to do. The amount is specified, including VAT, and signed by a representative on behalf of..

Lawyer

At the moment you conclude the purchase agreement, the seller can no longer withdraw from the sale. A mistake on the part of the seller is also in principle no excuse. Unless you should have understood that there was a mistake. So only when it is evident without further investigation that the seller must have made a mistake, can he appeal to reasonableness and fairness in court and annul the agreement. I see no reason from your statements to assume that this situation has occurred here. Furthermore, the clause in the general terms and conditions, whereby the seller deprives you of the right to claim the consideration, is unreasonably onerous. (see if necessary art. 6:237 sub a BW or unfair terms guideline)

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