Source: Urban Live Original
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Mr. Yang from Nanchang, Jiangxi Province encountered a troublesome incident
He ordered a sedan
As a result, the 4S store did not pick up the car for him
and did not give him a refund of the deposit
What's going on?
During the May Day period, many car companies launched preferential activities for car purchases. On May 3, Mr. Yang came to the Jietu Automobile on Yingbin Avenue in Nanchang to see the car. He took a fancy to a Jietu Dasheng King 1.6T MAX model, with a total price of 140,000 yuan, and the old car can also be deducted 50,000 yuan.
At that time, Mr. Yang felt very satisfied, so he paid a deposit of 10,000 yuan, and the two parties then signed the "Vehicle Sales Contract".
Mr. Yang: The sales said that the leader disagreed, saying that the car was sold at a loss.
Sold at a loss? Where is the loss of the merchant? These days, Mr. Yang has been negotiating with the 4S store to communicate about this matter, but the other party has not given a reasonable explanation. Now Mr. Yang is neither allowed to pick up the car in accordance with the contract, nor does he return the deposit.
Mr. Yang: He won't refund the deposit now, and asked me to propose a minimum car, and I definitely don't agree.
According to the contract, if the 4S store unilaterally cancels the contract without reason, the deposit received will be refunded to Mr. Yang twice. Now Mr. Yang proposed to let the 4S store only refund the deposit of 10,000 yuan, but the other party still did not agree.
Mr. Yang: He said that he couldn't lift the car, so I said you should refund the deposit, and I don't want 20,000 yuan, just 10,000 yuan, and he said that our leaders did not agree to refund the money.
On May 17, the urban scene reporter followed Mr. Yang to this 4S store. The staff said that the reason for the "loss of sales" was because the salesman was a newcomer.
Jiangxi Jiecheng Automobile Sales Service Co., Ltd. staff Mr. Li: The salesman is new, and the loss of money is definitely a loss of money, and if he does not lose money, he will not make this step.
In the shop, the staff still did not explain why the vehicle was "sold at a loss". The reporter learned that the difference between the low-profile version and the high-profile version of the car that Mr. Yang fancied was about 20,000 yuan. Mr. Li, a staff member at the 4S store, said that the reason why the deposit is not refunded now and let Mr. Yang accept the low-profile version of the plan is because they don't want to lose his customer.
Finally, after the coordination of the reporter, the 4S store agreed to perform in accordance with the original contract.
Mr. Li, a staff member of Jiangxi Jiecheng Automobile Sales and Service Co., Ltd.: Let's do it according to the original contract, and we will tell the company as soon as possible to settle this car.
After that, Mr. Yang and the 4S store signed the Supplementary Terms, and the two parties agreed that the delivery time of the car would be 60 working days after signing the contract.
Mr. Yang: Thank you very much for your help.
Mr. Yang's problem was temporarily resolved, but lawyer Liao Xiaojing said that the contract signed by Mr. Yang and the 4S store was legal and valid and should be protected by law.
Lawyer Liao Xiaojing: Their contract is an expression of the intention of both parties, does not violate the mandatory provisions of the law, takes effect and is established in accordance with the law, and should be protected by law.
The lawyer also reminds everyone to pay attention to the deposit rules. According to Article 587 of the Civil Code of the People's Republic of China, if the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.
Lawyer Liao Xiaojing: The deposit refers to the agreement between the parties to pay a certain amount of money by the parties in order to ensure the performance of the debt. If the party receiving the deposit fails to perform the debt, or the debt is not in accordance with the agreement, so that the purpose of the contract cannot be achieved, then he shall return the deposit to the person who paid the deposit double.