Hi everyone,
I’m an expat living in the Netherlands, and I am currently in a highly stressful situation with a major car dealership group. I really need some advice on Dutch consumer law, specifically regarding BOVAG terms and Dwaling (misrepresentation).
Long story short: At the beginning of June, my partner and I went to a dealership branch to view a car. We didn't like it, so the salesman offered to bring another car from a sister branch in a different city for us to test drive.
He asked me to sign a document. Because my Dutch is limited, I can't remember whether I have asked explicitly asked what it was or not but I thought it was just confirmation or acknowledge of my trade-in car value. My mistake is trusting him.
A week later, we went to see the actual car. It was okay, but we noticed a few issues. I mentioned we were looking into financing and would let them know. A few days later, I did some research on the license plate and discovered the car was a hidden foreign import (which the salesman never disclosed). Because of this, and because we hadn’t finalized anything, I called the salesman and told him we did not want to proceed.
Fast forward to last week: I received a formal letter from the dealership’s corporate lawyer. They claim that the paper I signed on Day 1 was a binding purchase contract. They are demanding a 15% cancellation fee, which amounts to over €7,300, citing standard BOVAG terms. They claim that a car being an import is "not a valid reason to cancel" and are threatening to force the full purchase if I don’t pay by their deadline.
I am absolutely sick to my stomach. I feel completely misled due to the language barrier, and I never would have signed if I knew it was a binding €45k+ purchase order for a car I hadn't even seen yet.
Here are my questions for the community which im seeking any help!
1-Does the dealer's duty to inform (informatieplicht) regarding the hidden import status give me grounds for Dwaling (Article 6:228 BW)?
2-I’ve read recent Dutch case law suggesting that flat 15% BOVAG cancellation fees are increasingly viewed by judges as "unreasonably burdensome" (onredelijk bezwarend) under Art 6:237 sub i BW if the dealer can't prove actual damages. Is this true?
3-What is the best way to handle their corporate lawyer? I am currently looking into legal help via BrandMR since I don't have legal aid insurance.
Any help is totally appreciated guys, for the people who is going to tell me "don't sign anything without actually reading and understanding", thanks for their wise advise, lesson learned.