I recently agreed to buy a car from a second hand seller, we made a sales contract and I paid a good sum ahead.
Five days later after the person tells me she doesnt want to sell it anymore and has 14 days to change her mind.
Mind you this is not business to person or otherway around.
I am convinced she has to either sell me the car or pay the double of the advance payment I made.
She says she has 14 days to change her mind, even though we made the contract.
Can I get some opinions? Or if anyone has acces to the european law, see if there is a law that states a non-commercial transaction has a 14 day period to change your mind.
I live in Belgium, we have article 1590 and 1583 that says:
1583 once a contract is made it is final, only option is to sell
OR 1590: if an advance payment is made, double has to be return to buyer if seller cancels contract.
You have 14 days to change your mind only if youre the buyer and this works only if bought the good without a contract and based on your country consumer protection policy(which I suppose says 14 or 30 days ).Otherwise both parties should follow the contract articles if the contract was signed. However, there is also a chance that one of you failed to meet the conditions of the contract and in this case both parties have to agree on something or the deal has to be judged on official level.
If both parties signed the contract, seller should be obligated to 1583 & 1590. AS far as I know, the 14-day period does not hold up unless mentioned in the contract that was signed.
minion: 2019-yes
minion+: 2020-2022
inactive as shit sorry boys
Also the 14 days only counts for business-to-person commerce, not from person to person. I got my double advance payment today. Thanks for the replies guys, just so you also know in the future: from person to person, if you pay an advance + sign a contract and cancel, you lose your advance.
If you as a seller cancel you pay double the advance.
Without valid reason ofcourse. Having a valid reason would probably bypass this law.