Source: Urban Live Original
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前几日
Mr. Chen from Nanchang, Jiangxi
Bought a used excavator
The car has not yet driven 200 meters
was stopped in his way
A day and a night yielded no results
What's going on?
Mr. Chen: Since 8 p.m., I don't dare to leave, I haven't eaten, and I haven't slept until now.
On April 26, in Meiling Avenue, Xinjian District, Nanchang City, the urban scene reporter met Mr. Chen. The excavator he bought was on a trailer, and a small car was parked in front of the trailer, blocking his way.
Mr. Chen told the city scene reporter that on April 25, he bought the excavator from Tao and paid the full amount of 60,000 yuan at one time. At that time, Tao promised that the car would ensure that there were no creditor's rights and debts disputes.
What Mr. Chen didn't expect was that he had just driven 200 meters before someone blocked his way. The other party said that he bought the car first.
Mr. Xiong: I paid more than 50,000 yuan a year ago.
It turned out that Tao's excavator had a bit of a fault before, so it was put in the repair shop of Mr. Xiong's friend for repair, and reached an agreement with Mr. Xiong on oral consignment.
Mr. Chen: Mr. Xiong said that he would put it here to repair, but the excavator owner Tao was not at ease, and he was afraid that Mr. Xiong would sell it, so he said that you put 50,000 yuan here first, and I will sell it to you if the price is right, and I will not sell it to you if the price is not suitable.
It is precisely because of this that when Mr. Xiong learned that the excavator had been bought by someone else, he hurried over to intercept it.
Mr. Xiong: You are involved in a lot of expenses such as freight and repair costs, and Tao didn't calculate it for me, so he towed my car away, how can there be such a thing.
After the incident, Tao never appeared, and the 50,000 yuan was not returned to Mr. Xiong. This is also the reason why Mr. Chen and Mr. Xiong have been deadlocked on the side of the road. After the incident, Mr. Chen immediately called the police station. After the police came to the scene to investigate, they said that they could not determine who the excavator belonged to, and suggested that Mr. Chen resolve the dispute through litigation.
Nanchang Municipal Public Security Bureau Honggutan Branch Hongjiaozhou Police Station Police: Our opinion is to put the excavator in the parking lot first, and we encourage him to protect his rights and interests through proper judicial channels.
Tao first entered into a consignment agreement with Mr. Xiong, and later with Mr. Chen. According to the first paragraph of Article 7 of the "Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Sales Contracts," if a seller enters into multiple sales contracts for the same special movable property such as a ship, aircraft, or motor vehicle, and if the sales contracts are all valid, the buyer requests the actual performance of the contract, and the buyer who received the delivery in advance requests the seller to perform its contractual obligations such as going through the formalities for registering the transfer of ownership, the people's court shall support it.
Lawyer Chung Hung Wing: For the second buyer, Mr. Chen, there has been an act of delivery of possession between him and the owner of the car, and he has the right to request the owner of the car to register a transfer of ownership to him, so that he can take ownership of the car as it comes. Mr. Xiong should directly claim rights against the original owner of the vehicle, demand a refund of the price of the vehicle, and bear the corresponding liability for breach of contract.
In order to avoid getting caught up in a dispute similar to Mr. Chen's, Mr. Chung suggested that in the future, when you buy and sell a second-hand car, you should first check the registration certificate of the vehicle and confirm the mortgage and purchase status of the car.
Lawyer Zhong Hongrong: The vehicle registration certificate will have his mortgage, sales and sales, and it is best to have a very complete written contract, and both parties will list the nature of the entire vehicle, how to deliver it, and the liability for breach of contract; the most important thing is to ensure that you can go to the vehicle management office to complete the transfer registration, so that it is a legal transaction.