A consumer in Hefei bought a second-hand "Martha" for 520,000 yuan and was identified as an "accident car" when it was resold.

According to the Hefei Evening News, the second-hand luxury car purchased for 520,000 yuan was resold after more than a year of use, but it was told that it was an "accident car", and the third-party testing agency gave the result of the serious deformation of the right C-pillar, for which the consumer put forward a request for a refund of one to three, but the car dealership did not recognize the appraisal results, and stated that it would actively respond to the lawsuit, and everything was subject to the court's judgment.

consumer:

Second-hand luxury cars turned out to be "accident cars"

In April 2020, Ms. Wang purchased a second-hand Maserati Jiboli car with a mortgage of 520,000 yuan in Nanxiang Automobile City Anhui Wankun Automobile Sales Service Co., Ltd. (hereinafter referred to as Wankun Automobile) in Baohe District, because the price was not cheap, so Ms. Wang was more careful in the process of buying a car, "When buying a car, the salesman verbally promised that the car had not had major accidents and soaked water, etc., only some small scratches, which were boutique cars. Ms. Wang told reporters. In fact, before finally signing the car purchase contract, she also sent the car to the 4s store for "second-hand car transfer pre-transfer testing", "spent 1,000 yuan, and finally issued me a report full of various data, most of the system, software is in good condition." Ms. Wang said that seeing that there was no abnormality in the test report, she completely relaxed her mind.

In July this year, because of the need for capital turnover, Ms. Wang planned to sell the car. What she did not expect was that the buyer took a professional to the door to test and told her that the car was an accident car and could not be purchased. "It was too unexpected, I paid special attention before buying the car, and it was normal to drive for more than a year, except for scratching, there was no accident." In order to find out whether her car was an accident car, she quickly commissioned a third-party professional testing agency tuv nord to test the vehicle, "The results showed that the right C-pillar was seriously deformed, causing structural damage, which belonged to the accident car." ”

Subsequently, under the guidance of a friend, Ms. Wang retrieved part of the insurance records of the car through a mobile phone application, which showed that between February 2016 and August 2018, the car had at least 4 accidents, and there were maintenance records for the front and rear longitudinal beams, windshields, front and rear bumpers, and right two doors of the vehicle, "This is not necessarily a complete record." Ms. Wang said.

Holding the two reports in her hand, Ms. Wang found Wankun Car. However, the communication between the two sides was not smooth, "at first they did not admit that it was an accident car, and then we reflected the situation to the relevant departments, and the car dealership was willing to recycle the car at a price of 430,000 yuan, and gave us another 5,000 yuan as compensation." However, this is far from Ms. Wang's demand for one to pay three, and after the negotiation was unsuccessful, she filed a lawsuit with the court.

Dealership:

If the appraisal results are not recognized, they will actively respond to the lawsuit

Subsequently, the reporter came to Wankun Automobile, the head of the company, Mr. Xue, said that the relevant departments have mediated on this matter, but it is difficult for the two sides to reach an agreement, "At present, we are already taking the judicial process, we will also actively respond to the lawsuit, the law is fair, if the court determines that this is an accident car, we will actively compensate." Mr. Xue told reporters that for the car purchased by Ms. Wang, the car dealership evaluated the car before receiving the car, and determined that it was not an accident car, and in the sales process, the sales staff also informed Ms. Wang of the car condition. As for the reliability of the test reports it provides, the car dealership does not recognize it, "The test report issued by non-governmental organizations is not authoritative, and it is not a test report issued by the national judicial organ and formal channels." ”

lawyer:

Consumers identify the condition of the car within 30 days as a "overlord clause"

The reporter noted that according to the second-hand car sales contract presented by Ms. Wang, the parties A and B are Peng Mou and Ms. Wang, and Wankun Automobile, as the attestation party, is entrusted by Party A to collect all the money on behalf of Party A, "because the car is a second-hand car, after picking up the car, Party A no longer assumes responsibility for the quality of the car, all quality risks are transferred to Party B, and the attestator promises that within 30 days from the date of sale, the third-party authority has identified structural damage or water soaking, meter adjustment, and fire. The authenticating party returns the vehicle in full (does not bear the cost of the transaction price of the vehicle), and if it is overdue, it is deemed that Party B knows or recognizes the defects and risks of the vehicle. "The contract makes such an agreement on the condition of the vehicle. It is worth noting that Ms. Wang said that during the entire car purchase process, she did not see Party A Peng, nor did she know whether it was related to Wankun Automobile.

"This clause is a hegemonic clause that increases consumer obligations and reduces their own responsibilities." Hou Peng, a lawyer at Anhui Huishang Law Firm, told reporters that the professional requirements for vehicle evaluation and appraisal are relatively high, and the car dealership cannot set limits on this, avoid their own responsibilities, and increase the difficulty of consumer rights protection, "At the same time, consumers must also provide evidence to prove that it is not an accident caused in the process of their own use." Hou Peng said that according to the relevant provisions of the Contract Law, the "overlord clause" is invalid. As for the focus of the dispute between the two parties, whether Ms. Wang's car is an accident car, Hou Peng said that the court can appoint an institution with testing and appraisal qualifications to conduct the test, and finally rely on the test results of the agency.

Hou Peng also reminded consumers that in the current second-hand car trading market, a small number of car dealers in order to maximize profits, through a variety of routines, in the case of consumers without the knowledge of the accident car, soaking water car to sell consumers, and through the contract as a "word game", to avoid their own responsibilities, to avoid the supervision of relevant departments, "so we must choose a regular business, carefully read the terms of the contract." ”

Hefei Newspaper All-Media Reporter Wang Wei/Wen GaoYong/Photo Intern Wang Ruotong