资料提供：查博士法务团队
行业分析：二手车小胖
配图来源：官网非本案车辆
SD汽车销售服务有限公司与GS产品责任纠纷案例分析报告
审理法院：XX中院
案号： (2017)L0X Minzhong No. 23XX
The main reason of the plaintiff:
On September 30, 2015, the plaintiff GS signed a purchase and sale contract for Beijing Automobile products with the defendant Qingdao SD Auto Sales and Service Co., Ltd. ("SD Company") and purchased a Beijing Automobile product. The brand is Beijing B**'s green off-road vehicle . The contract stipulates that the vehicle quality standard shall be configured according to the Beijing Automobile Beijing BJ40 test drive, and the vehicle price is 90,000 yuan.
After the contract was signed, the plaintiff paid the entire car payment at once, and both parties completed the transfer procedures.
Since the plaintiff repeatedly experienced problems such as steering wheel shaking and abnormal noise in the vehicle during use, he conducted an after-sales service inspection at the defendant’s 4S store on October 20, 2015. It was found that the vehicle involved had an accident on June 20, 2014. A serious traffic accident occurred, causing serious injuries to two people, severe deformation of the vehicle frame, and peeling of paint in many places.
The plaintiff negotiated with the defendant many times to resolve the matter. The defendant returned all the car payment to the plaintiff on November 22, 2015, but the two parties did not reach an agreement on subsequent compensation.
The defendant, as a professional car sales company, deliberately concealed the fact that the vehicle involved had been involved in a serious traffic accident and seriously damaged the quality of the vehicle, and induced the plaintiff to purchase the after private repairs. 's behavior constituted consumer fraud, according to According to the provisions of the "Consumer Rights Protection of the People's Republic of China", compensation should be three times the price of the vehicle.
Court opinion:
The court of first instance held that:
The owner of the vehicle involved in the traffic accident was the Development Zone branch of the defendant SD company. After the accident, the development zone branch of the defendant SD company completed the maintenance of the vehicle. The defendant was obviously aware of the fact that the vehicle involved in the case had been involved in a traffic accident and had been repaired. However, when he knew that the vehicle involved in the case was an accident vehicle and should be informed, he failed to truthfully inform the plaintiff GS of the damage to the vehicle due to the accident and the repairs, etc. obligations, it should be presumed that the defendant intentionally concealed the fact that the vehicle involved in the case was an accident vehicle.
The defendant's behavior had an impact on the plaintiff's true expression of intention. According to the law, the defendant should be found to have committed fraud when signing the vehicle purchase and sale contract with the plaintiff.
The court of second instance held that:
The vehicle involved in the case had a major traffic accident, and SD Company should clearly inform GS when selling it. SD Company did not submit evidence to prove that it had clearly informed GS that the vehicle involved in the case had a major traffic accident and the true condition of the vehicle , and it should bear the disadvantage. legal consequences.
Judgment result:
The defendant Qingdao SD Automobile Sales and Service Co., Ltd. paid the plaintiff GS compensation of 270,000 yuan within 10 days after the judgment took effect.
Legal analysis:
In this case, the court found that the car dealer committed fraud and ordered the car dealer to "compensate three times". The reasons are:
1. The car dealer knew that the vehicle had been involved in a major accident (the owner of the vehicle at the time of the accident was a branch of the car dealer, and Repairs were carried out at the branch);
2. The car dealer has the obligation to inform the accident;
3. The car dealer did not clearly inform consumers that the vehicle had a major accident and the true condition of the vehicle. Therefore, the car dealer committed fraud.
From the court's point of view, car dealers should take the initiative to inform consumers of the true condition of the vehicle when they know that the vehicle has been involved in a major accident. If the vehicle is concealed from the consumer, it is likely to be deemed a fraud.
Used car Xiaopang said:
In recent years, regarding the issue of intentional fraud by second-hand car sellers, there are many cases of refunding one for three. Many second-hand car operators are still engaged in this industry with a "lucky" mentality. , absolutely confirms the truth that "you will have to pay back sooner or later if you come out to fool around."
Regarding the identification of “intentional fraud” in the judgment, it is basically the judgment of “outsiders”, so many second-hand car operators are easily prosecuted.
We believe that under the premise that it is impossible to change the external environment and change the professional cognitive bias of legal professionals, we practitioners should improve our own technical and professional levels, not take chances, and do business with an honest and objective attitude and management process. , put an end to the previous bad habit of "receiving without covering up, selling by cheating", and no one is there when you come back from the house. After all, you can escape the monks, but not the temple.
During the user prosecution process, if we can prove "no intentional fraud", a lot of work needs to be done in advance, such as whether to retain the original inspection report, whether to proactively inquire about maintenance and insurance records, whether to hire a third-party independent testing agency, and whether to re-instate the case. Whether the inspection and inspection of the delivered vehicle are clearly informed in the contract instead of using "professional terminology" in the contract, etc.
would like to remind all bosses and investors, especially some 4S stores, that the so-called official certified second-hand car standards are not just for many employees to check off "to cope with errands", but that the testing process and evidence must be retained, and not just Rely on the queried maintenance records.
Used cars may seem simple, but you still need to test the actual vehicle and improve your professional level. Sometimes the truth is only as good as the devil. nucleic acid testing is all in trouble, not to mention the tens of thousands and hundreds of thousands. What about used cars?
As long as we operate with integrity and be down-to-earth, even if we make mistakes at work or lack of ability, we can learn and make progress. When it is time to return the car, we should pay for it. If we eat this bowl of rice, we will be blind. If we make a mistake, we must "pay tuition", but if we do At the beginning of this business, if you have a broken heart and a bad conscience, it is light to give back one and pay three!
I hope all used car practitioners will take this as a warning. The competition is fierce and you must stick to your professional ethics!
—THE END—
