Can I cancel the purchase contract?

Questioner

Bought a second-hand car in January, from a car dealer. After a few weeks the car shows "quirks", in the drive gear (automatic) the car does not want to move forward, giving gas is possible. Back to the dealer, he cannot find a cause or defect, according to him the car is doing well. Been back 4 times within three months with the same defect without any result, according to the dealer there is nothing wrong, can't find anything and we are sent back. The dealer does not agree to cancel the purchase contract. Second opinion done by an independent dealer, problems with the clutch plate, must be replaced. Seller wants to repair it himself and share the costs for parts, he will pay the labor costs. Due to the dispute with the seller and the way we were treated, we no longer have confidence in the seller and the repair that needs to be done. The car was paid for in cash € 11,000 without a receipt (black) but with a purchase contract and a fifty-fifty guarantee for three months. What rights do we have and can we cancel the purchase and claim the money back? Or should we accept the seller's proposal, in which trust is seriously damaged. Ps: the defect, the car not moving forward in gear, lasts from a few minutes to hours. Until the gear drive works again. Happens weekly.

Lawyer

In principle, you will have to grant the seller a reasonable period to repair. Only if that is not possible or if the seller does not do so within a reasonable period, you could terminate the contract. Another option could then under certain circumstances be to claim a price reduction. In my opinion, the seller should bear all costs of repair. You should not have to agree to bear part of those costs.