In used car transactions, it is difficult for some vehicles to find out their true information, which leads to constant legal disputes. Ms. Zhou from Liuyang, Hunan Province fell into a trap, but this time she was not a buyer, but a seller.
Debt-selling vehicles with used cars,
Unexpectedly led to a lawsuit
01
Ms. Zhou's husband Mr. Deng reached an agreement with the other party to mortgage the project funds with the vehicle, and on May 14 of the same year, the Mercedes-Benz car was transferred to his wife Ms. Zhou's name. After transferring the Mercedes-Benz car, Ms. Zhou decided to transfer the car and contacted a used car dealer through a friend.
After many communications, Ms. Zhou reached a transaction intention with the second-hand car shop operator Mr. Li. According to the agreement, Ms. Zhou handed over the vehicle to Mr. Li for pre-transaction testing. After several hours of car condition inspection, Mr. Li decided to acquire the Mercedes-Benz car and identified the vehicle sales contract with Ms. Zhou. After the contract was signed, Mr. Li paid 304,000 yuan on the spot. Ms. Zhou promised to cooperate with Mr. Li to complete the vehicle transfer procedures.
What Ms. Zhou did not expect was that shortly after completing the transaction, Mr. Li suddenly informed her, saying that after further testing, the Mercedes-Benz car she transferred by was identified as a water-soaked truck, and asked to terminate the sales contract and return the car and refund the car.
"Since the transaction has been completed, it must not be cancelled easily." After being rejected by Ms. Zhou, Mr. Li sued Ms. Zhou in court on the grounds of deliberately concealing the fact that the vehicle was soaked in water and malicious fraud, and filed a lawsuit against both parties for revoking the vehicle sales contract, Ms. Zhou returned the purchase price, and paid more than 900,000 yuan in punitive damages of three times the price of the vehicle.
After the case was filed, the court entrusted a professional agency to appraise the Mercedes-Benz car involved in the case at the application of the plaintiff Mr. Li. After the appraisal, it can be determined that there is water soaking inside the car. The flooding height is about 45cm-49cm from the ground, but it is impossible to effectively determine the specific water soaking time of the vehicle.
Court: The owner did not deliberately conceal without fault.
car dealers should fulfill their obligation of caution
02
Liuyang Municipal People's Court held that the fact that Mr. Li discovered that the vehicle was a water truck was discovered by his partner lifting up the vehicle seat cushion. This detection method does not require the use of professional testing tools. Mr. Li and his partner have many years of experience in second-hand car business. did not raise the problem of water truck during the previous two-hour inspection process, but suddenly raised it after the transaction was completed, and there was reasonable doubt about his behavior.
The vehicle involved in the case was indeed a water-soaked truck, but the car was paid off by Ms. Zhou and she didn't know the previous condition. Moreover, according to the appraisal conclusion, the main components of the vehicle's engine and other parts were not soaked in water, which did not affect the normal use of the vehicle. The purpose of the vehicle sales contract is not completely unachievable. Therefore, Ms. Zhou did not have subjective faults during the appraisal of sales contracts and vehicle transactions, and did not have the intention to fraud. As the operator of the used car business, Mr. Li has full experience in testing and trading, but he did not fulfill his obligation of prudent attention for vehicle detection during the transaction. His behavior does not conform to common sense and used car transaction management, and it cannot be ruled out that he knew that the vehicle was a water truck before the transaction.
In addition, on the day of signing, Mr. Li and his friends checked carefully again and should have a more objective, comprehensive and direct understanding and understanding of the vehicles involved in the case. When Ms. Zhou proposed that she did not really want to deliver the vehicle on the same day, Mr. Li insisted on signing the "Vehicle Sales Contract" with Ms. Zhou at that time to complete the transaction, and her behavior also had reasonable doubts.
According to the above analysis and combined with Article 9 of the vehicle sales contract in question, “The vehicle traded is a used car. After the transaction is delivered in the current situation, it will not be returned, replaced, or warranty, and the vehicle will not be returned after the contract takes effect”, after Ms. Zhou delivered the vehicle to Mr. Li, Ms. Zhou has lost control of the vehicle and cannot guarantee that the vehicle is consistent with the situation before delivery. Therefore, the court did not support the plaintiff Mr. Li’s lawsuit filed by the plaintiff Mr. Li to terminate the vehicle sales contract, ask the defendant Ms. Zhou to return the purchase price and compensate for the corresponding interest losses.Ms. Zhou should bear the appraisal expenses that Mr. Li has been incurred as appropriate. Therefore, ruled that Ms. Zhou pay Mr. Li’s vehicle appraisal fee of 8,299 yuan, and dismissed Mr. Li’s other lawsuits.
Part.01 Car purchase contracts:
Used car transactions have become an important part of car sales, but there are still many irregularities in it, and the signing of a contract is one of the links, so you need to pay more attention. In order to avoid taxes and fees generated by secondary transactions and increase the profit margins of used car dealers, used car dealers generally transfer the recovered used cars to their personal names. In this case, a car purchase contract is usually signed between individuals. Especially as in this case, when the seller transfers a vehicle that he is not familiar with, the second-hand car dealer, as the buyer, may use his full understanding of the car condition to set some terms in the contract. Individuals may fall into these pitfalls due to information asymmetry such as trust and lack of understanding of the car condition.
The judge in charge of the case suggested: The car purchase contract should be kept well, which is an important basis for protecting rights. Therefore, the following matters should be paid attention to when trading: 1. When signing a contract, second-hand car dealers should be required to stamp the official seal on the car purchase contract, and beware of the words "intermediary" and "intermediary" appearing in the car purchase contract. 2. Further prove that the vehicle transaction is actually with used car dealers by preserving other evidence. Such as the used car trading platform page, the used car dealer WeChat official account, etc. 3. Pay attention to the terms of the contract and pay special attention to compensation issues and quality issues. If you note special compensation issues such as "water bubble car", please ask the second-hand car dealer to confirm whether there are any related problems.
Part.02 How should we deal with quality problems in vehicles?
For the seller, should carefully treat the basic situation of the used car sold and try his best to check the basic situation of the vehicle. The vehicle situation you have learned should be informed truthfully to the buyer when selling the vehicle. If conditions permit, please provide written proof to ensure that you fulfill the corresponding notification obligation. Selling a problematic vehicle to a car buyer who is unaware of the condition will undoubtedly put it in a very dangerous situation. If the car condition is not truthfully informed to the car buyer, it may constitute fraud and there is a risk of "refunding one and paying three" to the car buyer.
For the buyer, when checking the vehicle, it is recommended to actively ask whether the vehicle has scratches, repairs, accidents and other basic situations, and ask the seller to give a clear reply. If conditions permit, the seller may be asked to provide a written reply. A comprehensive inspection must be conducted again before delivery, otherwise the purchaser will find that the delivery vehicle does not comply with the same agreement after delivery, and there is a risk that the vehicle cannot be claimed or protected by evidence. If quality problems arise, the purchaser must make a claim or protect his rights and must prove that the problem is formed before delivery of the vehicle, because after the used car is delivered, the purchaser has full control over the vehicle. There is a possibility that the purchaser will cause any problems in the process of use.
Source: Liuyang Municipal People's Court
WeChat public account: Used car big wisdom Pan Pan (id: carman228)
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