Car paid in advance in a garage in Belgium, can I cancel the purchase?

Questioner

I went to see a car last week, Mercedes 200, we made a verbal agreement to transfer the remaining amount later, so that the owner could prepare the car. I did not sign an agreement. Later I realized that I had to have a Mercedes 220, the 200 has a Renault engine. I have texted the owner that I am not buying. Now he threatens that I have to transfer 1600, for costs, but he has not made any costs, that would only happen when I had paid the full amount, I have not signed anything. Owner is now threatening me with legal action. What are my rights in this?

Lawyer

Dutch and Belgian law differ on this point. In Dutch law, in principle, an oral agreement can also be binding. However, when a private individual buys a car, a written agreement is often required for the transfer of ownership. However, the situation may be different under Belgian law, which may apply given the location of the garage. Also important is whether the garage owner was acting as a business or as a private individual. Businesses often have stricter rules, including the possibility to cancel the purchase within a certain period. Furthermore, it may be relevant what exactly was agreed upon regarding the deposit, for what purpose it was (only reservation or also for work) and whether and when costs have already been incurred. It seems from your information that no costs have been incurred yet, but that is something you would have to prove if it comes to a lawsuit. Also consider the requirements of reasonableness and fairness. Even if there is strictly speaking a contract, it may be that the garage owner may not demand the full amount on the grounds of reasonableness and fairness. In these situations, it may be advisable to seek legal assistance. Although I have given you a general overview, there may be specific elements in your case or in Belgian law that can make a difference. It may be wise to talk to a lawyer or attorney about this. ------------- 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.