Zakelijk, Arbeid, Schade
Particulier
sorry if I write in English, but it is to difficult for me to have my question explained in Dutch.
On the 5th of January I went to a Garage in Roosendaal looking for a car.
While there, I was interested on one car and I started to talk with the salesman.
I have been told about possibility of a financial plan, for the payment, so we got into the office. There I got a paper signed (kooovereenkomst - which I realized afterwords), but I was told was in order to get the papers to the financial company who will evaluate my situation.
The day after I have been contacted by the financial company, and while talking with them, we decided to go for the proposal of the financial plan over another car then the one on the koopovereenkomst.
The financial company told me they would get in touch with the dealer. They did, and the following day I had an appointment to go over their financial proposal (which was also actually made for the other car - not listed in the koopovereenkomst).After reviewing I informed them that the conditions were not good for me.Last Friday, I received a letter from the Garage that I need now to pay 15% of the value of the car in the koopovereenkomst, as per BOVAG condition.
I do not believe this is fair, as first of all I have been kind of tricked into this situation, due to the fact of having the financial company in between me and the garage.
If I would have been informed about it, to start with I would not have signed the paper, If I knew about the cancellation of the contract under Bovag rules, I would have sent a written letter (it does not cost me anything to do such).
But also, is this a valid contract considered that it is signed knowing upfront that I do not have the money and there is a financiering in between(which had not take place at the moment of the signature)? For what I was told this was just a paper to get to the financial company in order to evaluate my status.
I hope my question is clear.
Please let me know if you have any question.
Dear questioner,
First legal problem is You signed for car A, and negiotiated at the finance compagnie for car B, and afterwards the compagnie turned the request down.
The contract signed for car A is valid, umless the salesman has not tried at his best to explain the contract and the terms and condtions. The facts you have written above show me that the salesman- kwowing you being a non- native speaker- made to little effort to make you understand all the obligations before signing the contract. This could lead to a delusion in contract. You need to write a legal note to the saleaseman explaining this fact.
On the other hand it might be that the finance compagnie had turned you down also in your first application. The terms and conditions signed by you might modulate this situation and liberate the buyer from the contractual obligations.