Jiaxing, Zhejiang, a man spent 490,000 yuan to buy a Mercedes-Benz second-hand car, to the 4S shop maintenance, found that the vehicle was adjusted, so a paper complaint, the second-hand car dealership sued the court, the court of first instance ruled to return one to three, the second-hand car dealership was not satisfied, filed an appeal.
(Case source: Zhejiang Jiaxing Intermediate People's Court)
Ling Mou, a man in his 50s, wanted to buy a high-end car because of his work needs, but went to the 4S shop to look around, found that the new car was very expensive, and then went to see the second-hand car, and then he saw a Mercedes-Benz car in a second-hand car shop, driving a mileage of 40,000 kilometers, cutting the price for a long time, and the boss finally agreed to sell it to him at a price of 490,000.
The car was paid by Ling in installments through a credit card, with an installment amount of 290,000 yuan, a financial service fee of 36,975 yuan, a compulsory traffic insurance of 1,500 yuan, and an insurance premium of 11,996.29 yuan, a total of 498003 yuan.
On March 14, after Ling checked the number of kilometers of the vehicle, the maintenance records of the 4S shop, the appearance of the vehicle and other basic information, he paid the price according to the contract, and the second-hand car dealer delivered the car.
On December 4 of the same year, when Ling went to the 4S shop for maintenance, the repair master found that the dashboard of Ling's Mercedes-Benz car was equipped with a yellow line and told Ling that the car may have been tampered with the mileage.
After inspection, it was found that the odometer of the car was lowered by 80,000 kilometers. In other words, the car that Ling bought was not 40,000 kilometers, but 120,000 kilometers.
After the incident, Ling Mou found a second-hand car dealership to make a claim, and after failing, he has been suing the second-hand car dealership in court, demanding a refund of one and three compensation.
After trial, the court of first instance held that there was fraud in the second-hand car dealership, and ordered the second-hand car dealership to refund ling's car purchase price of 498003 yuan, compensate Ling for three times the purchase price of the car 1494009 yuan, and compensate Ling for insurance premiums and financial service fees totaling 50,471 yuan.
After receiving the first-instance judgment, the second-hand car dealership expressed its dissatisfaction and appealed to the court of second instance.
In the court of second instance, the two sides debated whether the second-hand car dealer was aware of the Mercedes-Benz car meter.
The second-hand car dealer made the first move, the second-hand car dealer said that it did not know, the used car dealer said that the vehicle's 4S shop maintenance records were complete, comprehensive and accurate, and they provided the court with the 4S shop maintenance records.
It was found that the car was sold to Ling a month ago to the 4S shop for maintenance, and the maintenance record showed that the mileage at that time was 38351 kilometers. Ling's chat records with the second-hand car dealer show that the second-hand car dealer told Ling that the mileage of the car was about 40,000 kilometers.
Ling mou did not recognize this, and Ling put forward two main reasons.
First, the defendant is a merchant engaged in the business of second-hand cars, and knows that the second-hand car market has the "unspoken rules" of the industry that tamper with the mileage, and the second-hand car dealers will carefully check when they collect the cars.
The car dashboard is equipped with a yellow line, do not need to pass the instrument, just open the dashboard can be found, used car dealers but defended, when receiving the car did not see, is it possible?
Second, the mileage of the vehicles involved increased by 12,000 kilometers in two months from April 1, 2017 to June 18, 2017, but from June 18, 2017 to January 25, 2019, the mileage increased by only 5,000 kilometers in nearly two years, which is obviously unreasonable.
Ling mou said that these details consumers do not understand, not clear, second-hand car dealers as a business, long-term engaged in second-hand car trading, to the general understanding of the public, the second car dealership must be aware, so the second-car dealership is deliberately defrauding consumers, should be refunded one to lose three.
After trial, the court of second instance held that the mileage reviewed by the second-hand car when it received the car was generally consistent with the advertised mileage when it sold the vehicle, and it can be considered that the second-hand car dealership was not aware of the matter of the vehicle's altered mileage, and there is no evidence that the second-hand car dealership tampered with the odometer after obtaining the vehicle involved in the case.
In the end, the court of second instance found that the sale of the tampered Mercedes-Benz by the second-hand car dealership did not constitute fraud, but the second-hand car dealership, as a merchant, should bear the liability for the defect guarantee.
Article 615 of the Civil Code provides that the seller shall pay the subject matter in accordance with the agreed quality requirements.
The court of second instance held that because there was a quality problem in the Mercedes-Benz car delivered to Ling by the second-hand car dealership, it ordered the second-hand car dealership to return 400,000 yuan of the purchase price of Ling's car.
In addition, the court considered that the second-hand car dealer made about 30,000 yuan in price difference by changing the car and did not seek great benefits, and decided that the second-hand car dealer would compensate Ling for 250,000 yuan.
This judgment is final.