Consument, Verzekering, Schade
Particulier
How can I back off from a car purchase?
I didn't signed any document, also the dealer asked me to provide details so the dealer can create purchase invoice and asked me to deposit 500 euro to reserve the car for me, which I didn't.
Now the dealer called me and said, I cannot back off; because I agreed upon the email to buy the car. Otherwise he will take it to the court. What should I do now?
I will do my best to provide a general orientation for your situation. Please be aware that my advice should not substitute the advice of a professional legal advisor and further advice should be sought for your specific case.
Under Dutch law, even without a signed and binding contract, verbal agreements can still be valid. However, evidence of these agreements can be challenging to prove. Email correspondence could be used as proof of an agreement but it depends on the content of the emails, whether a valid agreement can be demonstrated. The intentions expressed and final agreements on the specifics of the bike purchase are critical here.
As a consumer, you have stronger protection than a trader. In some cases, the trader has to prove that there was a binding agreement. If there was a distance sale (which could be the case if the dealer was on holiday and communication occurred via email), you might have the right to withdraw from the agreement within a certain period after the conclusion of the agreement.
Being threatened with court action by the dealer can be intimidating. While it’s important to take their claim seriously, you should also know your own consumer rights. I strongly recommend you consult with a legal professional who can guide you based on your specific situation. The details of your case, including the exact content of the email correspondence, are very crucial in determining the correct course of action.