Reclaiming a deposit after purchasing a defective camper?

Questioner

I bought a bus-camper with a trade-in of my current camper and an additional payment (€8,500.00). I paid €2,000.00 in advance for this. After the purchase, my current camper (through no fault of my own) got water in the engine and the engine had to be replaced for €13,000.00. I cannot afford the repair and additional payment financially and I have asked the seller to cancel the purchase. Can I reclaim (part of) the down payment?

Lawyer

The right to a refund of the deposit in the event of cancellation of the purchase depends on the circumstances and any agreements made. Unless a clause is included in the purchase contract stating that the deposit may be retained in the event of cancellation, you are in principle entitled to a refund of the full amount. The seller may attempt to recover costs that he has incurred in order to execute the contract. However, it must be reasonable to recover these costs from you. In your specific case, a complicating factor may play a role, namely that the damage to your current camper occurred after the purchase was concluded. It is conceivable that the seller will appeal to the fact that this is your risk and that he therefore does not want to cancel the purchase. For this, you would have to look at the agreement and the circumstances of the defect. It may be advisable to seek legal advice to assess the specific circumstances and the purchase contract. In addition, in commercial transactions it is always best to first try to reach an amicable solution with the other party, for example through conversation or correspondence. If this does not lead to a solution, legal assistance is a next step. ' ---------------- 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