Buying a car is one of the major events in life
Every prospective owner
Would definitely like to pick up the car earlier
But when every time you happily ask for sales
In exchange for this reply:
This makes the parties very confused
What happened to my car
Or what careful you think about in your 4S shop
Have money or money, deliberately delay the delivery of the car?
Case introduction
In July 2021, Mr. Gao signed a car sales contract with an automobile sales company and paid a deposit of 10,000 yuan. After the date of pick-up agreed in the contract, the company delayed the delivery of the vehicle, and proposed to deliver the non-contractual model and pay the corresponding price difference of different car models, for which Mr. Gao rejected the plan. Subsequently, after consultation between the two parties, Mr. Gao agreed to extend the delivery of the company by 2 months, but the company still failed to deliver on time, and the vehicle accumulated overdue delivery for up to four months. Mr. Gao believes that the company uses the supply and demand information of the automobile market to be unequal, and when the price of the automobile market rises, it refuses to deliver the car for various reasons, maliciously breaks the contract, and forces the consumer to terminate the contract, with the purpose of selling the vehicle at a high price, which disrupts the normal trading order of the market, so he complained to the Foshan Consumer Council and asked for help.
Processing process and results
After receiving the complaint, the Foshan Consumer Council learned the specific situation from Mr. Gao and the company respectively, and after research and analysis, believed that the automobile sales company should deliver the reserved vehicle in accordance with the contract and follow the principle of honest and trustworthy transactions. Therefore, in response to Mr. Gao's appeal, the Foshan Consumer Council and the automobile sales company communicated and negotiated a solution, and learned that the car was indeed out of stock. Finally, under the mediation of the Foshan Consumer Council, Mr. Gao, after consideration, chose to replace the car model and model, make up the difference in configuration, and the automobile sales company also made a commitment to deliver the car on time and made overdue compensation, which the consumer expressed acceptance.
Case studies
Mr. Shao Jianhua, a lawyer advisory panel of Foshan Municipal Consumer Council, commented:
Paragraph 3 of Article 16 of the Consumer Law stipulates that business operators providing goods or services to consumers shall strictly abide by social morality, operate in good faith, and protect the lawful rights and interests of consumers.
At the same time, the Civil Code stipulates that in daily trading activities, whether individuals or companies and enterprises, they should follow the principle of good faith, uphold good faith and abide by their commitments. In this case, the car purchase contract signed by Mr. Gao and the automobile sales company clearly stipulated the time for the delivery of the car, but the company failed to deliver the car agreed in the contract on time, violating the principle of good faith and should bear the liability for breach of contract, so Mr. Gao could request the company to compensate for the loss or deliver the car agreed in the contract.
Source: Foshan Consumer Council
Editor: Zhang Langhui
Proofreader: Zhou Junliang
Editor-in-Chief: Huang Weijing