Bought a second-hand car: can I cancel the purchase?

Questioner

I have been in possession of a second hand car for a week, the first day after I bought it, I found out through a license plate report that the car had serious storage damage. I immediately contacted the seller, he said he knew nothing about it, so he said I had to take the car to a garage and ask how much it would cost. Because of the busy garages I could not go to a damage repair garage but only to a simple garage, where he said he could fix it for 1500 euros, so I told the seller that and he said he could give me that amount and he did that. After 3 days I found out that the car was possibly a total loss (current value of the car 10000) and the repair costs are much higher. I wonder if I still have the right to return the car to the owner?

Lawyer

From a legal perspective, you may be able to cancel the purchase on the grounds of error, breach of contract (failure to comply with the agreement) or non-conformity (the product does not meet the expectations that you as a buyer could have based on the agreement). Error means that you entered into an agreement under the influence of an incorrect representation of the facts that you would not have entered into or would not have entered into on the same terms if you had had a correct representation of the facts. In this case, this could be the serious damage to the car that you were not aware of at the time of purchase. In the event of non-performance, the seller has not fulfilled his part of the agreement. In this case, it may be that he has sold you a car that is not in the condition that was agreed upon. As regards non-conformity, Article 7:17 of the Civil Code stipulates that the delivered item must correspond to the agreement. In a purchase agreement, a buyer has the right to receive a product that has the properties that are necessary for normal use thereof. If this is not the case, this may be a case of non-conformity. If you want to cancel the purchase on the basis of one of these reasons, you must put the seller in default and give him the opportunity to rectify the situation. If the seller does not comply, you can proceed to cancel the purchase. It is important to note that the specific rights and options you have in this situation may depend on a number of factors, such as the exact circumstances of the purchase, the information provided to you, and whether the seller is a business or a private individual. Therefore, I would advise you to discuss this matter with a legal advisor or lawyer, who can provide you with advice specifically tailored to your situation. ------------ Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

Lawyer

Good morning, Annoying situation you are in. Unfortunately, it happens regularly. If you need help writing to the company, please feel free to contact us without obligation. Gr, Mr. Mr. S. Leito FerLei Legal 06-49175526