Termination of signed quotation for second-hand car

Questioner

Do telephone conversations and conversations via WhatsApp create a legally binding agreement after a signed quotation? Due to the application for financing in combination with WhatsApp conversations regarding the purchase, there is no longer a remote purchase according to the car dealer.

Lawyer

To determine whether something is a 'distance purchase', we need more information about the situation. According to Dutch law, a distance purchase occurs if the following elements are present: 1. It is an agreement between a consumer and a trader. 2. The contract is concluded without the consumer and the trader being in the same room at the same time. 3. The contract is concluded within the framework of an organised distance selling system. 4. The agreement is concluded with exclusive use of one or more techniques for distance communication. Examples of remote communication techniques include the Internet, telephone and mail order. So, if your situation meets these requirements, it is probably a distance purchase. This is important because special rules apply to distance purchases, such as the right to a cooling-off period.