Legal Assistance for Car Purchase Problems

Questioner

In May 2017 I bought a second hand car, had to take it to the garage twice in mid-July and spent a lot of money. Within 6 months of purchase. Went to the garage to discuss it, but they thought it was my own fault and did not want to accommodate. My brother sent a letter twice, the second time by registered mail and indicated that if there was no response within the term, they would agree to our conditions. No response to this either. What else can I do about this?

Lawyer

It seems that you are not being taken seriously by the seller. You can go to the disputes committee if the company is affiliated with it. But perhaps a letter from a lawyer can get the case moving. If you wish, please contact me directly and without obligation.

Lawyer

What matters here is what the damage is and what the seller informed you about the car during the purchase. In the case of error, there is an incorrect representation of the facts. An agreement that was concluded under the influence of error and that would not have been concluded – or not on the same terms – if the facts had been correctly represented, can be annulled on the grounds of error if the other party should have informed the person in error of what it knew or should have known about the error, according to article 6:228 paragraph 1 opening sentence and under b of the Civil Code.

Questioner

During the sale I already indicated that if any problems would arise due to unforeseen circumstances that I would come by. These problems are there unfortunately also occurred. It concerns damage to the multi-belt system. With this belt even tensioners were missing to be able to tension them properly. This is something that would not happen may be if the car has been checked sufficiently and professionally. There have been several problems due to unprofessional replacement or repair of the multi-belt or even not replacing these things or not replacing them in time. I have contacted them twice about these damages and twice there was no response regarding these matters. I then went to the seller to discuss these matters. I then discussed the matters with the seller, after which the seller then accepted the key with the agreement to have it looked at by a mechanic. The seller then contacted me by text message with the message that the mechanic would come and look on August 7. During the visit it was also discussed that she would come back if there were things that were not right. During the visit, the owner's brother came over and said that the owner should not have sold the car to her when she said she would come back if there were hidden defects. This statement gives us a strange feeling, was there a known possibility that something would be wrong? Why wouldn't you have the car? want to sell? On the day of August 8, I contacted the garage myself to ask what the status was. To which the garage responded that the mechanic had not yet been there and that they were waiting for him. Unfortunately I couldn't wait for that because I was going on holiday and that's why I to pick up the key. Then we also have the matter of the APK papers. I have not yet received the APK papers. The garage was supposed to send them to me. After several requests I have I have not received this yet and they are hiding behind the fact that you do not have to have it with you. have. That is true in the Netherlands, but I sometimes also go abroad with the car and there the papers are mandatory. The garage also has the obligation to deliver these papers with the car. Subsequently, two letters were sent in September and December 2017. The following proposals were made in the first letter: 1. Regarding the damage to the car, we would like to see a contribution towards the costs of the repair and receive the car back repaired. Or buy the car back for the amount of €950.00 where the car is also is bought for. And then the case will be closed 2. About the Apk papers. When you decide to pay the costs for repair and If the car is returned to me in good condition, please also ensure that the MOT papers are also included. The second letter was sent by registered mail and stated the following: Given that you have not responded to this letter, I propose the following. You still provide a written response to this letter within 21 days of the date. If you do not respond, we will assume that you will take the car back for the amount of €950.00. And then this case will be closed.

Lawyer

Now that you have read all of this, it is clear that the seller has breached his duty to provide information, which means that you are left with the consequential damage. On the contrary, I think it would be wise for you to use legal assistance to push this issue.