Legal assistance with car delivery


Questioner

bought new company car 22/8/2011 verbally agreed delivery date 1st week of January Haven't heard anything about delivery of this car yet How far does the obligation to purchase this car extend?

Lawyer

First of all, a verbal agreement is of course also legally valid. This is just a bit more difficult to prove... In addition to the delivery week, was a price and/or other agreements made verbally/in writing?

Lawyer

In order to still get the car, I advise you to send a notice of default by registered letter, with a deadline to still deliver. You can also try to dissolve the purchase agreement, if it is clear that the car in question can no longer be delivered. You can also claim compensation.

Lawyer

By purchasing on 22/8/2011 a purchase agreement has been established. This leads to the seller's obligation to deliver the car and to your obligation to pay the purchase price. You indicate that it was verbally agreed that the car would be delivered in the first week of January. Apparently, there is no written evidence of this. You must be able to prove the existence of this delivery agreement. It is important to check whether something else is stated in a written purchase agreement or the general terms and conditions provided. If the purchase conditions do not impose any restrictions on this, it is worthwhile to send a formal notice of default by registered mail. In this you should give the seller a final opportunity to comply with the delivery. If the seller remains in default of delivery even after notice of default, you are entitled to terminate the purchase agreement. This should also be done preferably by registered mail because of your evidentiary position. If the agreed written conditions do not stipulate otherwise, you are then released from your obligations. If you suffer damage as a result of having to cancel due to late delivery (for example because you have to rent a car or pay more for a comparable car elsewhere), it is likely that you can claim compensation for this.

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