N Haidu all-media reporter Bao Hua Lin Tong text/photo
"I was happy to pick up the car, but I didn't expect to have a belly fire now." Recently, Mr. Hu, a citizen of Fuzhou, reported that on April 7, he bought a Dongfeng Citroen used car at the Lijia used car trading market in Cangshan District. After signing the contract to pick up the car, he found that the car condition was not right, after inquiry found that the car engine has an overhaul record, and the actual number of kilometers does not match the apparent value of the table, was tampered with more than 100,000 kilometers, he hoped to return the car for a refund, but was rejected by the merchant.
A used car purchased by Mr. Hu
After that, with the help and coordination of Haidu reporters, the merchant agreed to return the car on the 19th, and returned the full amount of the repurchase car and related fees.
Buyer: The merchant did not tell the real condition of the car and asked for a refund
Mr. Hu told reporters that on April 6, he found a favorite car sales information on the "Idle Fish" APP, contacted the information publisher, and recommended a salesman surnamed Xu to contact him for convenience, so that he could go to the "Yiche City" used car dealer on the negative second floor of the Lijia used car trading market in Cangshan District to see the car. Mr. Hu took a fancy to a Citroën brand car, and the two sides negotiated a purchase price of 33,000 yuan.
Mr. Hu said: "When the salesman took me to see the car, the meter mileage on the car was 88884 kilometers, and the salesman also said that running another 4 kilometers was 88888 kilometers, which was very auspicious. And did not tell the car that the engine had been overhauled. ”
The number of kilometers displayed by Mr. Hu when he purchased the car was more than 80,000 kilometers
On April 7, Mr. Hu and the salesman surnamed Xu signed a second-hand car purchase contract at the "Yichecheng" second-hand car dealership. The contract shows that Party A is the seller's agent Xu Moumou, and Party B is the buyer Mr. Hu, and agreed to deliver the car on the same day, and the vehicle transaction price is 33,000 yuan. Mr. Hu paid a deposit of 10,000 yuan on the same day.
On April 8, after Mr. Hu transferred the second-hand car to his name, the two sides completed the transaction and paid the balance, "On the same day, I found a 2018 insurance policy for the car from the car, which showed that the car had driven more than 100,000 kilometers in 2018, which did not match the number of kilometers traveled by the odometer, and there would be problems such as idle speed and oil cutout when driving the car, which had safety risks." Mr. Hu said he immediately went to the Dongfeng Citroen 4S store to inquire and found that the car had a record of engine overhaul and body harness replacement in 2015. "The salesman didn't tell me about the conditions before signing the contract, and if I knew about it, I would definitely not have bought this car."
Mr. Hu showed the reporter a letter of authorization for the maintenance of the car issued by Fuzhou Shenghuatai Automobile Sales Co., Ltd., which showed that in 2015, the maintenance project of the car included engine overhaul and replacement of the body wiring harness.
On April 17, when Mr. Hu inspected the odometer of the used car at the Dongfeng Citroen 4S store, he found that the actual mileage of the car was 195133 kilometers.
Mr. Hu provided a contract for the sale and purchase of second-hand motor vehicles signed with Xu Moumou, of which Article 6 "Other Agreed Matters" shows that the scope of detection agreed by both parties A and B is: 1. no soaking water; 2. no fire; 3. no major accidents (small scratches are not counted); 4. No major repairs to the engine and gearbox. If there is any of the above four points, Party B has the right to return and replace the car.
"I asked for the car to be returned and refunded more than 30,000 yuan of the purchase price, but Xu Moumou, the salesman who signed the contract with me, said that the purchase price had been called to the original owner, and the other party did not agree to the refund, and the negotiation failed to reach an agreement several times." Mr. Hu said.
Car dealer: Only an intermediary platform, not responsible for vehicle condition identification
On the afternoon of April 18, the reporter came to this "billion car city" second-hand car dealership.
A person in charge of the car dealership told reporters that the car was transferred from another car dealer called "No. 8 Car Market", and the salesman Xu Moumou was only responsible for the intermediary. At that time, the "No. 8 Car Market" also did not inform the salesman of the real vehicle condition information.
The person in charge of "Yiche City" said that before Mr. Hu bought the car, he did not check the car through a professional third-party agency and signed the sales contract. According to Article 6 of this sales contract" "Other Agreed Matters": Both parties A and B have confirmed the condition of the car, party A guarantees the safe and legal transfer of the car to the name of Party B, if it cannot be transferred, Party B has the right to return the car. When the buyer purchased the car, he had signed and confirmed the condition of the car, and after the completion of the household, the buyer found us and said that he wanted to return the car, but our money had been sent to the original owner, and the original owner did not agree to return the car for a refund. ”
Mr. Hu believes that when selling a car, the intermediary is obliged to verify the condition of the used car. The person in charge of "Billion Car City" said that according to the "industry rules" of second-hand cars, they act as an intermediary platform and only sell vehicles on behalf of the vehicle, and have no obligation to test the car. After the consumer dispute between the two sides occurred on April 8, Mr. Hu has held many consultations with "Yichecheng", but has not been able to reach an agreement.
Lawyer: The process of buying and selling should follow the principle of good faith
For this matter, the reporter consulted Mr. Zhang, a senior person in the Fuzhou used car dealership. Mr. Zhang believes that according to the content of the contract between the two parties, Party A, as the seller, has violated the contract and has an unavoidable liability. If the buyer wants to protect his rights, he can identify the used car through a third-party appraisal agency, and may resort to legal procedures in the case of unsuccessful negotiation.
Li Chenghao, a lawyer at Fujian Xinshitong Law Firm, said that in the process of engaging in civil activities, citizens should follow the principle of good faith, uphold honesty and abide by their commitments. In the second-hand car transaction, due to the asymmetry of information, the seller should fully disclose the true information of the transaction vehicle to the buyer, and if either party finds that the other party has delayed in performing its due diligence obligations or has other breaches of contract during the transaction, resulting in the inability to achieve the purpose of the transaction, it has the right to terminate the contract in accordance with the provisions of Article 563 of the Civil Code.
On the evening of April 19, Mr. Hu contacted reporters and said that after consultation, the seller had agreed to return the car, and refunded the purchase price and related fees to him, and the two sides signed an agreement to transfer the car to the name of the "No. 8 Car Market" company the next day.