owns a car, which is the dream of many people nowadays. However, due to factors such as price and performance, it is really hard to come by. Under this situation, used cars have become the first choice for many car lovers who pursue high performance and low price.
But it is an indisputable fact that the current used car market is different in standardization. In many cases, there are still certain transaction risks when buying used cars, especially second-hand car stores may avoid some key vehicle information. If this happens, how should consumers protect their rights?
Zhou is a young man who pursues fashion. Seeing that his classmates and friends around him are all in both cars and houses has also aroused his restless heart. Who doesn’t want to be a golden veneer, and who is willing to fall behind? But looking at your own pocket, it would be okay to buy a cheap one, but it is obvious that there is still a little difference if you want the brand to be decent.
Young people are like this. No matter what, they must be similar to those around them. It is best to have a slightly higher-end car to show their extraordinaryness. After thinking about it, Zhou decided to go to the used car market and maybe he could come across a branded and inexpensive second-hand car.
In December 2020, Zhou came to a used car sales store in , Wuyuan County, , and picked up a brand of used car. After the clerk's introduction, the car not only has guaranteed quality, but also has the price in line with Zhou's wishes. Because Zhou's love for cars was beyond words and the clerk's words were perfect, the two parties signed a vehicle transaction contract on the same day.
I am Kyoko-kyu, and I use cases to popularize legal knowledge. Welcome to read.
The contract stipulates that "As soon as this contract is signed, it means that the plaintiff has fully understood the quality and procedures of the car and shall not breach the contract; if there is a breach of contract, the breacher shall compensate the other party for economic losses at 30% of the transaction price of the car." The second-hand car sales store also issued a written commitment to "ensure that there are no major accidents and no soaking in water." A few days later, the sales store assisted Zhou in completing the vehicle transfer procedures.
Love your car, Zhou couldn't hide his inner excitement. In the first few days, he was driving around. Seeing the envious gazes of relatives and friends, Zhou felt that he had not made the wrong choice, especially at the moment of getting off the car, Zhou felt that his level had been improved by several levels, and the air he breathed was so fresh. Whoever really knew this feeling.
In a blink of an eye, a year has passed, and Zhou's freshness has gradually dissipated. According to the traffic regulations , the used car purchased by Zhou has also reached the car inspection period. In December 2021, Zhou went to Wuyuan County Vehicle Management Office to handle vehicle inspection business as required. At this time, a fact about the vehicle surfaced, which shocked Zhou.
After inspection, the personnel of the vehicle management office found that the vehicle purchased by Zhou had had a major traffic accident. The accident happened two months before Zhou purchased the vehicle. The accident also caused the victim to be injured and died that night after the hospital was ineffective rescue. The vehicle had a claim record.
This discovery made Zhou suddenly feel like he fell into an ice cave, and there was no fresh smell in the air in an instant. Next, Zhou felt that he had been deceived by a second-hand car sales store and determined that the car had defects in a major accident, so he found the sales store and asked for a refund.
However, the sales store believes that the vehicle had no obvious flaws during the transaction, and Zhou had not been driving unexpectedly for more than a year, and there were no obvious quality problems from the vehicle inspection. There were no "major accidents, soaking in water" in the contract, which in essence had no impact on Zhou's driving vehicle, and Zhou did not have other secondary accidents due to the vehicle, so he refused to refund the compensation, and both parties went to court.
The focus of the controversy in this case is mainly whether there is a major accident in the vehicle? Does it have a significant impact on car buyers and is there any fraud in the sales store?
Judging from the facts that have been determined in this case, Zhou signed a vehicle transaction contract with the second-hand car sales store and made relevant agreements, among which the sales store agreed in writing to "ensure there are no major accidents and no water soaking". From the perspective of the validity of the contract, the two parties are formal transactions and have no violation of the provisions of laws and regulations. It is also a true expression of intention. The contract between the two parties has been fulfilled and the contract has legal effect.
The promise of the sales store is a supplementary agreement and should also be an effective agreement. The judgment of major accidents should be determined from the perception of ordinary people during the transaction. From the understanding of ordinary people, the "no major accidents" include whether the vehicle has had a major traffic accident, which directly affects the formation of the vehicle's contracting intention.
The vehicle involved in the case had a traffic accident before the two parties reached a deal and caused serious consequences of casualties. Although the accident did not have much impact on the actual driving of the vehicle involved in the case, the accident will definitely directly affect Zhou's true intention when the contract was signed. Therefore, the vehicle involved in the case should be judged as a "major accident vehicle", and Zhou should support the objection raised.
As for the dispute between the two parties whether the sales store is suspected of civil fraud, from a legal perspective, if the sales store knows that it deliberately conceals that a major accident occurred in the vehicle, resulting in a transaction between the two parties and causing certain losses to the purchaser, it should be judged as civil fraud, and the sales store should compensate for the losses, terminate the transaction contract and return the purchase price.
However, the facts obtained during the trial investigation show that there is no obvious price difference between the vehicle involved in the sales store’s acquisition and sale of the vehicle, and the compulsory traffic insurance paid by the vehicle is normal, and the claims system does not have a claim record for the vehicle. Therefore, it can be inferred that the sales store is unaware of the vehicle being a “major accident car” when selling the vehicle involved in the case, and there is no subjective intention of fraud, so there is no civil fraud.
Both parties have formed a transaction contract, and Zhou learned afterwards that the car had hit and killed someone. It is normal for him to have questions about the car. However, looking at the price and performance of the vehicle, as well as the transaction process between the two parties, although the sales store is not suspected of fraud, the vehicle is indeed a "major accident car", which is inconsistent with the contract agreement between the two parties and constitutes a fundamental breach of contract, and can be terminated.
However, if the sales store should return the purchase price after terminating the contract, Zhou should return the vehicle involved in the case. At the same time, the losses such as liquidated damages and other losses filed by Zhou do not conform to the principle of fairness, because Zhou has used the vehicle involved in the case for more than a year and is a beneficiary. If the sales store is demanding that the sales store bear the liability for breach of contract, it will be a damage to fairness and justice and the maintenance of social and economic order, so it should not be supported.
In September 2022, after comprehensively combining the facts of the case and the above legal speculation, the court ordered both parties to terminate the transaction contract in accordance with the law, and the sales store returned 77,000 yuan of Zhou's purchase of the car, and Zhou returned the vehicle involved in the case. Zhou's lawsuit request for compensation of 30,000 yuan in liquidated damages was rejected.
This case was finally resolved with this judgment. This is not only a punishment for the second-hand car sales store not carefully checking whether the vehicle has had a major accident, but also a punishment for the liability for breach of contract. It also reflects the basic attribute of law to ensure fairness and justice.
But this case also sounded a wake-up call for second-hand car middlemen. Honesty operation is worthy of recognition, but when purchasing used cars, you should also fulfill your obligation of caution. If you do not understand the information on selling used cars, you accidentally purchase used cars that have had major traffic accidents, and do not inform the vehicle during the sale process, even if it does not constitute civil fraud, it will cause trouble for yourself.
So, if you have no way to do business, don’t make it easy to make things other than quality assurance when you don’t know the product, and don’t take it lightly when purchasing goods, otherwise you will be unable to take it. Not only will you lose money and cause lawsuits, but the most important thing is that it will also damage integrity and make a loss. ( The main purpose of this article is to use case statements and popularize legal knowledge. All the characters are pseudonyms, so please do not take the role.)
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