"I am a person with a very serious original plot. Before buying the car, the other party said in the promotional information that the second-hand RV for sale was 'original original paint', and I decided to buy it. Who knew that after I got it, I realized that the paint on the front of the car had been sprayed again."
Ms. Yu said that the second-hand RV I bought was not the "original original paint" mentioned in the promotion, which made her very uncomfortable.
On the morning of October 26, Ms. Yu from Benxi, Liaoning told the reporter of Dafeng News that after she found that the second-hand RV she bought for 261,000 yuan was not the "original original paint", she asked the seller to return the car, but the other party refused on the grounds that "the reason for returning the car was insufficient." "If we really can't negotiate, we can only protect our rights in accordance with the law through litigation."
saw the favorite second-hand RV online. The "original original paint" made her determined to buy
Ms. Yu is from Benxi City, Liaoning Province. She is engaged in drug testing, loves life, and likes travel.
"After this year's National Day holiday, my family and I saw a second-hand RV on an online platform. The model, condition, color and price all meet our expectations, so I discussed with my husband to buy it."
Ms. Yu said that the RV they like was owned by a used car sales company in Nanjing. The other party said that the car was a license plate in January 2021, with advanced equipment, complete functions, safe driving of 20,000 kilometers, no soaking water, no fire, original original paint...
Ms. Yu said that before the transaction, the seller had been promoting the car as "original original paint".
"I especially like original things. I am a person with a very serious original plot." Ms. Yu said that the home appliances, mobile phones, etc. she uses are all original. What made her decide to buy this second-hand RV was the words "original original paint" on the seller's promotional materials.
A few days later, Ms. Yu further communicated with the seller through WeChat. The vehicle introduction sent by the other party to Ms. Yu still contained the words "original original paint". After many negotiations, the two parties finally decided to make a deal at a price of 261,000 yuan.
agreement stipulates that the car price is 216,000 yuan. If the car model is not purchased due to the buyer's reasons, it will not be refunded.
On October 16, 2022, this used car sales company in Nanjing sent Ms. Yu a vehicle transfer agreement .
agreement stipulates that the car price is 216,000 yuan, and all violations, illegalities, and debt disputes before transfer or delivery shall be borne by the seller, and the above-mentioned behaviors after transfer or delivery shall be borne by the buyer. If the transfer cannot be transferred due to the seller's reasons, the seller must fully refund the purchaser's paid car payment or deposit; if the purchaser does not purchase the car due to the buyer's reasons, the car payment or deposit cannot be refunded. The
agreement also stipulates that due to the particularity of used car transactions, the seller does not guarantee the authenticity of the number of kilometers, and the buyer has known and accepted the model of the purchased vehicle and the actual overall condition. The
agreement is specifically stated in the note column: the seller promises that the car will not have any major accidents, no water or fire, and the seller arranges the driver to give the car to the buyer.
On October 16, 2022, Ms. Yu first paid a deposit of 20,000 yuan to the seller, and later paid 200,000 yuan to purchase the car. On the evening of October 18, the seller sent the car from Nanjing, Jiangsu to Benxi, Liaoning through a driver. On the night of the car collection, Ms. Yu transferred the final payment of 41,000 yuan to the other party.
found paint loss on the front of the car. He asked and learned that he had sprayed paint again
Ms. Yu said that on the night of the car collection, she found that there were some minor scratches on the body of the car, so she called and told the other party. The other party said it was okay, so she found a repair shop in the local area to deal with it. It cost only 100 or 200 yuan, so she took the car.
The next morning, Ms. Yu discovered that the second-hand RV I bought not only had defects in the body, but also had several paint-falling places on the front of the car.
Ms. Yu said that she found that the front of the car had lost paint, and she realized that the second-hand RV she bought was not "original original paint".
"I took a photo at that time and sent it to the other party via WeChat, asking why there was still some paint loss on the front of the car. The other party said that this was not the paint loss, but the paint sprayed later naturally faded and the primer leaked." Ms. Yu then realized that the front of the car was originally white, and the original owner sprayed the front of the car into red.
Ms. Yu was particularly angry when she heard the seller's explanation, "I felt very uncomfortable and very uncomfortable."
The buyer asked for a return of the car, and the seller said he could repaint the paint, or buy back
for 230,000 yuan. "The reason why I decided to buy this car was to value the 'original original paint'. I didn't expect that the other party was not honest and deceived me."
I felt that Ms. Yu, who was deceived, became less and less tired of thinking. "In the past few days, I have asked the seller to return the car. The other party said that they had told me that the front of the car had been sprayed with paint before, so the reason I made for returning the car was untenable. I took out the chat record and asked them when did they tell me that they had painted with paint? They said that these words were said on the phone and did not say them on WeChat, which made me speechless and angry."
Ms. Yu said that after further communication, the other party said that either Ms. Yu would change the color of the front of the car back for free (white), or they would pay 230,000 yuan to repurchase Ms. Yu's car. Ms. Yu said that she and her family could not accept this plan. "We will continue to negotiate with the other party. If it really doesn't work, we can only protect our rights in accordance with the law through judicial means."
Ms. Yu and the seller's person in charge of the chat record.
Ms. Yu said that they did not go through the online platform during the transaction, so there is no way to let the platform coordinate and solve the problem.
On the morning of October 26, the relevant person in charge of this used car sales company in Nanjing told the reporter of Dafeng News of China Business News that the situation Ms. Yu’s report was not completely true.
"We have not promised Ms. Yu that the original paint was "original paint" on the information sent to Ms. Yu, but later we communicated with Ms. Yu many times on the phone and told her that the front of the car had been re-painted. After getting the car, Ms. Yu reported to us that the front of the car had a paint drop. I told him that the front of the car turned out to be white, and the paint fell off because the red sprayed on it later fell naturally. She said okay, it's okay. I don't know why, but a week later she asked to return the car."
"Both buyers and sellers are adults, not children playing house games." The person in charge said that it was not that the car could not be returned, but that there should be reasonable reasons. He said that it would be great if the "original original paint" was written into the contract (agreement) at that time. It was because they did not write it at that time that they proposed to Ms. Yu to "re-paint or buy it back for 230,000 yuan." They had already made great concessions to make such a decision, but Ms. Yu disagreed.
"We will continue to communicate with Ms. Yu, and if they want to sue, we welcome it," he said.
Lawyer said: Special agreements can be written into the contract to avoid similar disputes
In the promotional materials, the seller said that the car for sale was "original original paint", but the actual situation is not the case. Does this constitute fraud? Because the two parties did not make a clear agreement on the "original original paint" in the contract, if Ms. Yu sued the other party, how confident is she to win the case?
Regarding the legal issues caused by the case, a reporter from Huashang Daily Dafeng News interviewed lawyer Tan Mintao, Beijing Zhongwen (Xi'an) Law Firm.
Question 1: Before the transaction, the seller said in the promotional materials that the car for sale was "original original paint", but the actual situation was not the case. Does this constitute fraud? If so, what responsibility will the seller bear?
Tan Mintao: The promotional materials of are called "original original paint", but the actual situation is secondary spray paint, which is suspected of defrauding consumers. According to Article 55 of the " Consumer Rights Protection Law": If the goods provided by the operator are fraudulent, the losses suffered shall be increased according to the consumer's request, and the amount of compensation shall be three times the price of the consumer's purchase of the goods, which is what we commonly call "one fake compensation for three".
Question 2: Because the two parties did not clearly agree on the "original original paint" in the contract (agreement), if Ms. Yu sued the other party, how confident is she to win the case?
Tan Mintao: If the two parties agree on the "original original paint" in the contract, when the transaction vehicle is secondary spray paint, it means that the vehicle delivered by the seller violates the contract agreement, that is, it should bear the corresponding breach of contract liability. In this case, Ms. Yu has a high chance of winning the case.However, at present, the two parties have a dispute over the "original original paint" and have not made it clear in the contract. At this time, Ms. Yu asked to return the car with a non-original original paint, and the chance of winning is smaller.
Question 3: Similar to second-hand transactions, what are the hidden dangers of private transactions? What are the benefits of passing a trading platform? Will similar disputes be avoided?
Tan Mintao: conducts second-hand transactions privately, which seems to save the price difference earned by middlemen, but in fact, the quality of the product is difficult to guarantee. The quality levels of second-hand products are uneven, and it is difficult to identify and identify as buyers, and it is easy to be deceived.
Private transactions are transactions between people. As a buyer on one party to the transaction, due to lack of professional knowledge, it is difficult to check and review the quality of second-hand transactions, and it is easy to be deceived. Transactions through platform can reduce the occurrence of similar disputes, but similar disputes cannot be completely avoided.
second-hand trading platform can check and review the quality of second-hand goods, ensuring that the goods delivered by both parties are authentic and reliable in quality, and preventing "substantial as good" or "fake the real as fake". If there are any problems with second-hand products purchased through the trading platform, the buyer can protect his legitimate rights and interests through the intermediary platform.
Question 4: What should you pay attention to when buying second-hand products? What inspiration and thoughts does this case have for everyone?
Tan Mintao: When buying second-hand products in , the most concerned thing between the transaction parties is the quality of second-hand products. Therefore, when purchasing second-hand products, when your professional knowledge cannot identify second-hand products, you need to use a fair and neutral third party to obtain a professional appraisal report before purchasing second-hand products.
And, for special circumstances of second-hand products, they should be written into the contract and make clear agreements on this, and oral agreements cannot represent written agreements. No matter how good the verbal promise is, it is not as good as writing it into the contract. For example, the buyer requires no major accidents for used cars, but there will definitely be differences between the parties regarding what is a major accident. Therefore, the definition of major accidents needs to be refined and clarified to prevent situations where they have different opinions.
In this case, the buyer asked for "original original paint", and the seller publicly promoted it as "original original paint", but this article was not written in the sales contract, so that the two parties would have differences on this.
The warning to everyone in this case is: It is best to write the promises of any seller into the contract to make clear agreements. In order to prevent differences in understanding, the areas where the semantics are unclear or the expressions are unclear should be refined. In this way, when a dispute arises, all parties can divide responsibilities according to the rights and obligations of both parties.
HuaShang Daily Dafeng News Reporter Chen Youmou Editor Yang Dehe
(If there is any revelation, please call Huashang Daily News Hotline 029-8888 0000)
