Now the popularity of automobiles in China is getting higher and higher, and it has become a must in life. When many people go to the 4S store to buy a car, they will sign a contract or a car purchase agreement with the 4S store, and the verbal promise of the sales staff may change, but what is written in the contract must have a legal effect?
A man in Hangzhou, Zhejiang Province, Mr. Han, went to a local 4S store to buy a car, and Mr. Han took a fancy to a GAC Eian plus, which cost 159,000. Mr. Han fell in love with the car at first sight, but at that time he had a limited budget and could not pick up the car in full. The salesman said to Mr. Han that if you like this car very much, you can pay a deposit first, we can reserve a new car for you for a period of time, and then pick up the car when you have enough money. Xiao Han calculated that in January 2022, he will pay a year-end bonus and salary, and he will definitely be able to scrape together enough money to buy a car.
XiaoHan signed a car purchase agreement with the dealer and paid a deposit of 4999 yuan. The car purchase contract is clearly written, the 4S store will retain the vehicle until January 11, 2022 at the latest, if Mr. Han does not pick up the car after overtime, the deposit will not be refunded. After signing the contract, Xiao Han went home and discussed with his family about the car he wanted to buy, but he did not expect that his family was opposed to buying a car now.
Xiao Han has signed a car purchase agreement with the 4S shop, and also paid a deposit of more than 4,000 yuan, can the deposit be refunded if he does not buy a car? A few days later, Mr. Han communicated with the car sales on WeChat, he did not want to buy a car, can he give the quota of this car to others and refund the deposit of 4999 yuan?
The sales staff told Mr. Han that the frame number of each car was bound to the owner, and the car ordered by Mr. Han had arrived, because the frame number was bound to the owner, so the car could not be transferred to someone else's name. The dealer will keep the car until January 11th according to the agreed date, and if Mr. Han does not pay the balance after the timeout, the deposit will not be refunded. After January 10, when Mr. Han went to pick up the car with the money, he was told that the car he had ordered had been sold to someone else, and the 4S shop had booked him an identical car. Mr. Han believed that the 4S shop violated the agreement, and when he wanted to return the car, the 4S shop refused to refund the deposit on the grounds that the frame number was bound to the owner and could not transfer the quota.
Since the frame number is bound to the owner himself, why does the 4S shop sell this car to others? The 4S shop says that the new car is only retained for three days after arriving at the store, and the vehicle will be transferred to others after the time, and the 4S shop will reserve the same model of vehicle for the owner, and the contract does not say no.
Many netizens think that the 4S shop is very double standard, when Mr. Han wants to return the car, the 4S shop refuses to transfer the vehicle to others on the grounds that the frame number is bound to the owner's personal information, and does not refund the deposit. Mr. Han came to pick up the car before the deadline for picking up the car, and the car he ordered had been sold to someone else, that is, the 4S shop defaulted. Xiaobian believes that the dealer said that he must pick up the car within three days, and if he does not mention the car, the car will be sold to others only verbally, and it is not written in the contract. The pick-up date stated in the contract is January 11, and since the dealer said that the frame number of each car is bound to the owner's personal information, the car booked by the owner cannot be sold to others for other reasons. The pick-up date written on the contract is January 11, and the dealer will do things according to the contract, what do you think?