Disputing a 2nd hand oil boiler (cancel) because of the asking price that is too high. What am I legally required to do please

Answer

Dear Rick,

I’m afraid I can’t give you good news. After all, you or your daughter have agreed, so that the contract is valid and you can no longer backtrack. After all, according to the Civil Code, contracts serve as “law” for the parties.

There is one glimmer of hope. A contract can be annulled on the basis of the so-called “lack of will” deception. This requires you to show that the seller has used “artificial tricks” to bring you to an agreement that would not have existed without those tricks. The most obvious trick in your case would be that the seller lied. But sometimes the judge equates a “silence” with an artifice.

In doing so, the judge makes a distinction between simple silence (which is not a ground for annulment) and a DISCLOSURE (which does lead to annulment). A DISCLOSURE is an intentional withholding of information because the concealer knows that had the opposing party known of the true facts, they would not have consented. Such concealment can arise when the seller has covered up certain defects (or lied about the condition of the oil heater).

The imbalance between the agreed price on the one hand and the real value of the stove is not in itself a reason for annulment – so regardless of lies or concealment. After all, a “disadvantage” can only be invoked in the case of immovable property.

I hope this answer helped you, although it will probably disappoint you.

Sincerely-kind regards,

Dries