Ms. Lan from Fuzhou reported that she had driven a second-hand Mercedes-Benz car for one year. When she renewed her insurance, she found that the car had been seriously soaked in water before she purchased it. After carefully looking at the original car purchase contract, she felt that she had been tricked.
Ms. Lan:
I thought I bought a second-hand Mercedes-Benz
Ms. Lan said that in March 2021, through the agency Xiaolin, she purchased a second-hand Mercedes-Benz C-Class car with an original price of more than 300,000 yuan in 2017 through the introduction of an agency Xiaolin. Since she is friends with Kobayashi, Ms. Lan just learned about the car condition through his introduction and completed the purchase.
It was not until April this year that Ms. Lan knew that there was something wrong with the car.
Ms. Lan collects evidence to prove that
Second-hand Mercedes-Benz is not just a "sunrise leaking"
In this used car sales contract provided by Ms. Lan, Party A is the original owner, the entrusted agent is Kobayashi, and Party B is the buyer Ms. Lan. The reporter found that the agreement on the "other negotiation terms" in the contract is somewhat different.
Ms. Lan
We see this kind of contract in daily life and often see that other terms say "Confirm that there is no water, no accidents, no fire, etc." But what is written here is " clarifies the condition of the car and has accepted the condition of the car ".
Ms. Lan also showed reporters the recording of her and her friends asking Kobayashi for an explanation.
Intermediary Kobayashi Dialogue Ms. Lan and her friends
I said that the skylight leaks, the carpets are removed, and the seats are removed, all of them are mentioned. But it was not said to soak in water. But in fact, this is how it is. When you find out, it shows that it is soaked in water. If you ask a third-party test, it also shows that it is soaked in water. Then if I find another professional institution to determine if it is soaked in water, not the skylight you mentioned leaking, what will you do? The owner lied to me.
Third-party platform: Vehicles are soaked in water
In order to protect their rights, Ms. Lan began to collect evidence. According to the vehicle accident records she found, the car had a traffic accident insurance with a vehicle loss of up to 97,000 yuan in August 2020. The maintenance history of the same period showed that the car was an flooded car, and the engine and connected manual transmission had been removed.
Ms. Lan immediately found a third-party agency for testing and issued a formal test report. The inspector said that can determine that the car had severe water soaked in water from the residual mud and sand traces, the traces of engine disassembly and assembly, as well as the insurance insurance records and vehicle maintenance records in August 2020.
Ms. Lan said that the car condition she knew before buying the car was inconsistent with the actual car condition, so she asked Kobayashi to return the car. Kobayashi said that the vehicle could only be recycled at a price of about 150,000 yuan according to the market conditions. In addition, Kobayashi said that the contract stipulates that the buyer has fully understood the car condition and accepted it. Ms. Lan believes that such a broad statement of this clause is either an agreement on the specific car condition or an intentional "scammer" her. The two parties ultimately failed to reach an agreement, and Ms. Lan decided to use litigation to resolve the dispute.
Lawyer: You can file a lawsuit to request the cancellation of the contract to compensate for losses
In response to this dispute, the lawyer said that the content of the contract was controversial and suggested that Ms. Lan take the original owner and Kobayashi to court in the name of deliberately concealing the car condition and inducing the signing of the contract to sue the original owner and Kobayashi together. If the court ruled that the car purchase contract was invalid, it could apply for the cancellation of the contract and compensate for the related losses.
Help remind
consumers who want to buy used cars must describe the car condition in the car purchase contract in detail and try to find a branded used car dealer to trade. If there is a problem with the car condition, punitive measures such as refunding one and compensation three will be applied to better protect your legitimate rights and interests.
