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Recently, a couple was worried, spending money to buy a car did not expect to be an accident car. Since the beginning of the purchase, the problem has been constant, and the reason for the inquiry is also fruitless. It was only after an accident in the previous period that the car that I bought was an accident car. Yingying couple thinks that the dealer is fraudulent but the dealer said that he has told him in advance, then who is going to back this pot?
On September 3, the upstream news-Chongqing Morning News reporter saw a couple of Liu Yingqi (a pseudonym) in a certain district of Nan'an District. They looked helpless and carried relevant information with them. They were trying to solve the problem. "There are 296,000 out of the market, which is about 20,000 lower than the new car market price. Why don't you just buy a new car?"
In the face of questions from upstream journalists, Liu Yingxi said that at the time, on the one hand, it was out of trust to dealers. "So big stores, don't deceive us." In addition, if you count the second-hand car to save money on the tax, you decided to buy it. Finally, I didn't expect it to be an accident car. It was really a broken heart!
Liu Yingqi and his wife believed that when the dealers and sales personnel sold the vehicles, they did not truthfully inform the vehicle that there had been a traffic accident. The dealer’s behavior has seriously damaged their right to know.
Dealers conceal major events that affect consumers' decision-making, constitute consumer fraud, and after consulting legal persons, they are prepared to file an appeal. According to the new law, they are required to “return one for threeâ€, that is, cancel the sales contract between the two parties and refund the purchase price. And compensate for the purchase of the car three times the money.
Dealer:
I have already informed the accident car situation, there is no fraud. On the afternoon of September 3, the upstream news - Chongqing Morning News reporter also got in touch with the dealer of this car, the legal person of the car sales company of a used car market in Banan. Mr. Chen said that the car is a story car, and he told the consumers.
"The car has had an accident. We must have told the couple about Liu Yingqi." Mr. Chen said that he did not want to explain too much. He only said "this car, they are bought by mortgage. If the valuation does not reach this standard (296,000), which one? Is the company willing to make a guarantee?"
Mr. Chen said that his sales procedures are completely free of problems, and there is no fraud. He is willing to go through relevant legal procedures. At the same time, Mr. Chen also mentioned that at the beginning of August this year, Liu Yingqi and his wife did find themselves. Because of the disputes arising from this incident, he also gave a solution, but he did not get the approval of the other party.
The lawyer said:
Distributors should fulfill their obligation to inform consumers. The reporter contacted Ms. Liu’s attorney and Chen Hao, a lawyer from Chongqing Kangxi Law Firm. It is reported that Mr. Chen has represented a similar "second-hand Ferrari sky-price compensation case".
Chen Wei believes that ordinary consumers can only conduct inspections on whether the vehicle's appearance items are in good condition and normal operation, and objectively cannot further check whether the vehicle is an accident vehicle. However, as a professional automobile dealer, it is obliged. It also has the ability to fully understand the situation of the vehicle and clearly inform Ms. Liu that the car is an accident car. This is its unshirkable legal obligation and contractual obligation. As to whether or not the obligation to inform is fulfilled, it should be proved by the dealer.
On March 15, 2014, China implemented a new consumer law: if the operator provides fraudulent behavior in goods or services, it shall increase the compensation loss according to the consumer's request, and the amount shall be three times the price of the consumer purchasing the goods or the service fee. Commonly known as "return one loses three."
At the end of March 2015, Mr. Huang of Wenzhou purchased a Land Rover Range Rover of more than 1.04 million yuan and found that the car had been replaced by a gearbox before it was sold. On August 10 of the same year, Wenzhou Longwan District People's Court sentenced 4S shop to compensate Mr. Huang for the purchase price of 3.144 million yuan, that is, “return one loses threeâ€
In January 2015, Chongqing Mr. Zhang spent 180,000 to buy a new car, but bought a used car. In October, the Yuzhong District Court ruled that the 4S shop “returned one loses threeâ€, that is, the man may be refunded 180,000 and then won 550,000. As of press time, the second instance judgment of the case still upheld the original judgment.
Chongqing’s Mr. Gong spent 3.6 million to buy a quasi-new car Ferrari and found it to be an accident car. Because the vehicle sales contract time was before the implementation of the new consumer law, on October 29, 2015, the Yubei District Court ruled that the defendant retired one loss and returned to Mr. Gong 3.6 million while reimbursing him for 3.6 million yuan. It is also very important to buy a used car, that is, the car insurance transfer.
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