Sell ​​car?

Hello,

In October 2021, our neighbor bought our car, which meant he only signed the purchase agreement. Two weeks later, he wanted to pick up the car and pay for it.

He postponed it until January 2022, and on January 2022, he paid €300 of the €500 down payment. He wanted to pay the remaining amount two weeks later and have the car towed because it was parked unregistered in a rented private parking space. I've been paying €20 every month for this (since October).

He's been putting it off again and again to this day, always finding an excuse.

He keeps saying he'll call, but he never does. I just want to sell the car to someone else.

He also gives me the feeling that he doesn't want the car anymore.

Can we withdraw from the purchase agreement? Can I keep the €300 down payment and simply sell the car to someone else?

I have had to pay €20 in parking fees every month since October, even though the car has a retail value of €500, simply because the buyer has been postponing the pickup date since October, making excuses and ignoring me.

A lawyer is not a solution since we are neighbors.

(1 votes)
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bmke2012
3 years ago

I posted the following from the Jura Forum on a similar question:

In the present case, the buyer has no possibility to withdraw from the contract. On the other hand, the seller, namely after the time limit is set, if the payment remains. The re-winding which would then be due would initially mean that the seller would have to issue the deposit received. However, it could demand damages according to § 325 BGB.

In the example, as already mentioned, the buyer will only be allowed to hope for the occurrence of the seller. However, if this happens, the deposit provided will not remain “automatic” in the seller’s pocket. What remains with the seller (= damages for the seller, or Repentance money by the buyer), is the subject of the negotiations on the increase in the contract.

https://www.juraforum.de/forum/t/ruecktritt-vom-kaufvertrag-nach-gebarter-anpayment.565396/

peterobm
3 years ago

Purchasing contract, is there the payment method and pick-up date? he is already in default. you will give him a period of 7 days – after that you will not see the date of purchase. he has to bear the parking fees – the rest is a cost compensation. the whole thing by typing.

whether lawyer, or something, trouble is pre-programmed.

Still
3 years ago

Set him a time limit to remove the car from your parking space and announce that if the time limit is not complied with, the purchase will be returned. If it does not move, you will have to return the EUR 300, or you will be able to transfer it EUR 280, as you have proven to have costs. However, this is still not a good solution among neighbours:-(

Nayes2020
3 years ago

you have to put him in writing. If he doesn’t track you back from the purchase.

you can’t keep the 300 on what grounds? even the parking space rental would not be a reason because it is your private affair where you park the car. I don’t see a way to keep the money.

BenniXYZ
3 years ago

I’d ring with neighbors and talk about it. No more than €200. Ask him if he still wants the car. And if not, he gets his 300€ back and you’re looking for another buyer. Used cars are just hot sought.

peterobm
3 years ago
Reply to  autofragede

So what is harmful for battery and engine! You started every 14 days? It wasn’t your car anymore.

A battery can be loaded

BenniXYZ
3 years ago
Reply to  autofragede

Well, if you wait so long, you owe yourself. The purchase agreement is exactly what happens if the purchase price has not been paid in due time. Read it.

schleudermaxe
3 years ago

Oh, without insurance and without registration in a publicly accessible parking lot?

From who comes this tip, we’re a crime.

schleudermaxe
3 years ago
Reply to  autofragede

I know, and? Don’t change anything, stay forbidden.

There is not even a pension insurance if the Fz. was hired there.

schleudermaxe
3 years ago

It is still clear and clearly regulated where it may be dismissed and where not.

I don’t make the rules. And if the hut burns because the crate has been pinched, of course everyone can open his wallet, it’s also clear.