Zakelijk, Arbeid, Schade
Particulier
I have a friend who went to a car dealer, to look for a new car. He wanted to finance the purchase and wanted to check his eligibility for the same before making the order. However the dealer asked him to sign a document so that he could check the financing. As my friend is non dutch he did not realise what he was signing.
When He came home and showed me the document, it turned out to be a Koop overenkomst. As it is a standard BOVAG contract, there is no cooling period and even though he went the next day the dealer says now he has to pay 15% for cancellation of the contract, saying that he should have asked when he was signing something.
Even though my friend realises that he should have checked before signing anything, is there a possible case of dwaling that he can pursue against the dealer.
I would advise you to write a letter (registered / aangetekend) saying you want to cancel the contract because you were mislead. I hope you didn't pay anything in advance. The next step would be for the dealer to force you to fulfill your obligations from the contract. Because this would take a lawsuit to accomplish and the evidence is very poor for him as it is, he will probably not go that far. If he does, you simply go to court then and explain the judge what happened.
If you need more help, I'd be happy to assist you.
Thanks for replying question related to car purchased on 26th may. As per your advise I sent the cancellation letter to the dealer by register post. Before that I met him personally to give this letter which he did not accept or acknowledged. After receiving letter by post he called me again asking the purpose of letter and my next action. I told him that I am seeking advice from a lawyer. On that he said he will also contact his lawyer. I would appreciate if you advise me on what should be my next action?
Thanks and regards,
just wait and see if he does contact his lawyer. If so, you probably need professional legal aid. I'd be happy to help you.