Recently, some consumers complained to the surging news (www.thepaper.cn) reporter that the important information parameters of the second-hand car released by the second-hand car platform speed auction online are inconsistent with the real car information, and they want to return the deposit but encounter multiple "routines".
Subsequently, the reporter's inquiry found that there were not a few complainants who encountered similar problems on the Internet and questioned the "overlord clause" and "unjustified deduction" of the speed shooting platform. After the reporter called the speed shooting customer service, on March 14, he received a reply from the speed shooting public relations staff. The publicist said that the relevant situation has been received and feedback and will be investigated as soon as possible.
According to public information, Car Speed Auction and Guazi used cars belong to the automobile consumption service platform "Chehaoduo Group".
The actual vehicle condition does not match the platform information
Not long ago, Mr. Teng, a Shanghai citizen, downloaded the car speed auction App through a friend's introduction and wanted to buy a second-hand car on the platform. Not long after browsing the information, I was caught by an Infiniti Q50l car that was launched in November 2016. The platform display page shows that the car is in good condition of 80 points, and the auction price of the one-price transaction is more than 130,000 yuan. Mr. Teng felt that the car was "cost-effective", so he took a decisive shot.
Mr. Teng said that at 10:45 on February 20, he came to the guazi car speed shooting office at No. 79 Huyi Highway in Jiading District as promised, and actually saw that the car condition was seriously inconsistent with the information displayed on the platform: the vehicle hung D gear R gear seriously broke into gear, and the shift body was obviously shaking; the driver's seat reflector was damaged and fell off; the rear wheel fender accident on the left side of the body hit a large area of scratch marks; the main driver's door c column was scratched in a large area; the right corner of the rear bumper was 15 cm long to hit the dew-bottom paint mark; the main driver's door rubber strip fell off The co-pilot rear door has a deep pit formed by the impact of sharp objects; the piston ring failure causes the exhaust pipe to drip oil; the engine compartment is obviously oiled.
Mr. Teng said: "I asked the platform salesman to feedback to the speed auction platform and negotiate the price with the owner, but the platform rejected it on the spot, and asked me to pay a re-inspection fee of 100 yuan in the App to check the condition of the car again, otherwise the auction deposit in the account will be deducted 2,000 yuan." ”
Vehicle photographed by Mr. Teng (before re-inspection). Courtesy of respondents
The reporter's inquiry found that in the car speed auction platform, in order to obtain the qualification to participate in the vehicle auction, it is necessary to recharge a deposit greater than or equal to 2,000 yuan in the account.
Mr. Teng said that after recharging the 100 yuan re-inspection fee, a salesman came to inspect the vehicle, and the scene only checked for about 20 minutes, and after finding the above problems, he uploaded part of the car condition to the platform again, and reduced the car condition level from 80 points to 65 points. However, Mr. Teng also noted that the platform did not upload the engine and transmission problems that were more serious and affected the rating, "if uploaded, the score will be lower."
If the bargain fails, the deposit is deducted directly
"After that, the salesman informed me that the car condition level met the requirements of the platform for sale, the bargain was rejected, and the deposit of 2,000 yuan was deducted from my account. The deal suddenly failed, and there was no room for negotiation. Mr. Teng said that he was a little confused, "Later, the salesman told me that if there was any objection, he could complain to the customer service, and said that the negotiation with the company would basically not pass." ”
"Obviously, the vehicle information parameters displayed by the platform are seriously inconsistent with the actual vehicle condition, so why does the platform still deduct my deposit?" Mr. Teng is very puzzled, what are the criteria that meet the requirements for sale?
The surging news reporter called the speed shooting staff as a consumer, and the other party said that the car speed shooting platform will show that the vehicle is divided into four levels of A, B, C, and D, and four scores of 90, 80, 65, and 35, and only in the case of two levels of car condition scores, the car buyer is eligible to cancel the transaction, otherwise the security deposit will be deducted. "Buyers can't bargain if they want to, they must meet the platform standards."
After the deal was not reached, Mr. Teng noticed that the car was auctioned again with a car condition score of 65 points.
Mr. Teng requested a re-inspection of the vehicle and found that there were a number of problems. Courtesy of respondents
Mr. Teng called the official complaint customer service of The Speed Auction on the evening of February 20 and the afternoon of February 21 respectively to return the deposit. Customer service suggests that it recharge 2,000 yuan again, try to shoot the vehicle again, if the transaction can be returned to the previous 2,000 yuan deposit.
"The price of more than 130,000 yuan, although the cost performance has been reduced a lot, but it is still within the acceptable range", Although Mr. Teng hesitated, he did not want to lose it inexplicably, and planned to repair the vehicle after buying it. Therefore, he photographed the vehicle again on the 21st and reached the winning price, but he did not expect to take the salesman to inform him that the owner had sold the vehicle through other platforms. "The 2000 deposit is not coming back."
Mr. Teng felt that he had been played by the used car platform. According to this, it gives rise to two doubts: one is from the vehicle on the shelves until the sale, the platform does not recognize the change in the condition of the vehicle, resulting in a large discrepancy between the platform display information and the actual car condition; the second is the vehicle re-inspection of the form of the formalities, 20 minutes of testing, and the inspector himself is a second-hand car platform employee, fairness, impartiality to be discussed. Mr. Teng asked the speed auction platform to refund the security deposit of 2,000 yuan and 100 yuan for re-inspection, a total of 2,100 yuan.
The number of complaints on a single platform exceeded 1,000
The reporter inquired on the black cat complaint platform and found that there were many similar situations with Mr. Teng. As of March 14, the total number of consumer complaints about car speed auctions on a single platform has reached 1,102, and the number of complaints in the past 30 days has reached 84 cases. Most of them complained about the reasonable legitimacy of the deduction of the security deposit for the speed auction, and the keywords were "overlord clause", "unjustified deduction", "no refund" and so on.
On the complaint platform, consumers have accumulated more than 1,000 complaints about car speed auctions. Screenshots of the network
One of the consumers described that he had photographed a car with a vehicle source number of 116921 *** on the platform, and the initial inspection report showed that the left front door was not replaced by the original factory, and the left A column was normal. After the car went to the store for re-inspection, it was found that the left front door of the vehicle was replaced by a sub-factory part, and the A pillar was seriously deformed. The customer intends to negotiate the price with the owner, and the speed auction is required to force the original price to be traded without difference from the initial inspection, and the transaction is not successful.
Another consumer found that the speed of the car did not label the accident car, but the maintenance record road had an accident maintenance record. "Let me pay 100 yuan for the re-inspection, but there was no re-inspection, and I was deducted two thousand yuan."
In response to a number of complaint cases, the surging news called the official customer service of the car speed auction, and the relevant staff said that if the car condition did not meet the "difference identification standard" formulated by the speed auction, it was determined that the buyer's responsibility led to the failure of the transaction, and the buyer's 2,000 yuan deposit would be deducted. According to the "Car Speed Auction Service Agreement" and "Rules for the Deduction of One-price Car Source Cooperation Default", in which, "the actual car has been seen - the buyer does not recognize the price, deducting 2,000 yuan." "The car has actually been seen - the buyer does not want to trade at the original price (does not meet the bargaining standard), deduct 2,000 yuan."
The relevant public relations personnel of the car speed auction told reporters: "We also want to maintain the willingness of the owner (seller), the car dealer (buyer) has bid on the vehicle and does not want it, which is also a matter of harm to the rights and interests of the owner of the car." ”
The "One-price Vehicle Source Detection Difference Identification Standard" of the speed auction shows that many damages do not meet the bargaining standards. Screenshots of the network
Lawyer analysis: An auction platform that is not pure and neutral is obviously unfair
Regarding whether the relevant agreement rules of the car speed auction are fair, zou Yiheng, a lawyer at Shanghai Wolfe Law Firm, said that as a third-party platform, it is fair and legal for the buyer and seller to participate in the auction in the form of a security deposit. The security deposit was created to prevent the seller from causing impact and losses to the seller in a bad faith bid, or an unjustified default by the bidder after the bid.
However, in the case of the above, the problem lies in the fact that the platform party does not strictly test the vehicle provided by the owner or there is a situation of concealing the true condition of the car from the bidder, in order to promote the transaction. As a middleman, generally speaking, the profit is to earn a fee or commission, which is responsible for detecting the rating and completing the description of the car condition, which is very easy to detect bias and conceal bad car conditions.
"If it is only one or two individual cases, it may be a case deviation, but there are more complaints, then the problem is not simple." Zou Yiheng said that in this model, the speed auction is not a pure and neutral auction platform, and it is deeply involved in the vehicle trading process, which is obviously unfair.
Secondly, consumers find that the condition of the car does not match the objection to the speed beat, and the car speed beat itself is the objection review agency, and there is also an unfairness in this setting. "It is not that the security deposit cannot be deducted, if the buyer unreasonably makes a late payment, then the security deposit deduction is no problem. However, in the case of serious discrepancies between the goods and the description, the objection is raised and the application for re-inspection is filed, and in general, the re-inspection should not be the same as the initial inspection. At the same time, whether it is a preliminary inspection or a re-inspection, it should not be decided by this platform that provides auctions. Zou Yiheng suggested providing multiple testing institutions, which were jointly selected by buyers and sellers, so as to obtain a fair test conclusion.
Finally, Zou Yiheng mentioned that if there is evidence that the speed auction deliberately conceals the true situation of the untrue car and exaggerates the false description to facilitate the transaction, it may constitute a fraud to consumers and need to bear corresponding legal liabilities.
After public channel rights protection complaints, Mr. Teng's 2,000 yuan deposit and 100 yuan re-inspection fee have been refunded, but other consumers on the online platform have not stopped complaining about car speed shooting.