Ms. Lan of Fuzhou reflected that she had driven a second-hand Mercedes-Benz car for a year, and when she renewed her insurance, she found that the car had been seriously soaked before she bought, and after carefully reading the original car purchase contract, she felt that she was being routined.
Ms. Lan:
I thought I bought a "sunroof leaking" second-hand Mercedes
Ms. Lan said that in March 2021, she bought a second-hand Mercedes-Benz C-Class car with an original price of more than 300,000 yuan in 2017 for 222,000 yuan through the introduction of the intermediary Kobayashi. Since she is friends with Xiaolin, Ms. Lan completed the purchase just by understanding the condition of the car through his introduction.
It wasn't until April this year, when it was time to renew the car, that Ms. Lan did not know that there was a problem with the car.
Ms. Lan collects evidence to prove it
Used Mercedes is not just a "sunroof leak"
In the second-hand car sales contract provided by Ms. Lan, Party A is the original owner, the entrusted agent is Kobayashi, and The party B is the buyer Ms. Lan, and the reporter found that the agreement on "other negotiation clauses" in the contract is somewhat different.
Ms. Blue
When we see this kind of contract every day, we often see other clauses that say "confirm that there is no soaking water, no accidents, no fire, etc.", but what is written here is "the condition of the car is clear and the condition of the car has been accepted".
Ms. Lan also showed reporters an audio recording of her and her friends asking Kobayashi for advice.
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Third-party platform: The vehicle is seriously immersed in water
In order to defend her rights, Ms. Lan began to collect evidence. According to her vehicle accident records, the car had a traffic accident insurance of up to 97,000 yuan in August 2020, and the maintenance history of the same period showed that the car was flooded, and the engine and connected manual gearbox had been removed.
Ms. Lan then found a third-party agency for testing and issued a formal test report. The inspector said that from the residual mud and sand traces inside the vehicle, the traces of engine disassembly and disassembly, as well as the insurance accident records and vehicle maintenance records in August 2020, it can be judged that the vehicle has experienced severe water immersion.
Ms. Lan said that the condition of the car she knew before buying the car did not match the actual condition of the car, so she proposed to Xiaolin to return the car, and Xiaolin said that she could only recover the vehicle at a price of about 150,000 yuan according to the market situation. In addition, Kobayashi said that the contract stipulated that the buyer had fully understood the condition of the car and accepted it. Ms. Lan believes that such a broad expression of the clause is either to stipulate the specific condition of the car, or to intentionally "pit" her. The two sides ultimately failed to reach an agreement, and Ms. Lan decided to resolve the dispute through litigation.
Lawyer: Litigation may be made to rescind the contract for damages
In response to this dispute, the lawyer said that the content of the contract was controversial, and suggested that Ms. Lan sue the original owner and Kobayashi in the name of deliberately concealing the condition of the car and inducing the signing of the contract, and if the court ruled that the car purchase contract was invalid, she could apply to revoke the contract and compensate for related losses.
Help remind
Consumers who want to buy a used car must describe the condition of the car in detail in the car purchase contract, and try to find a branded used car dealership for transaction. In case of a problem with the car, punitive measures such as one refund and three losses are applied to better protect their legitimate rights and interests.
【Source: First Gang】