Legal Counsel: Dr. Cha, Legal Director of Law Firm.

Hai Xingwen, lawyer, partner of Beijing Du Heng Law Firm.

Professional legal service in automobile industry ~ Beijing Chelv Automobile Service Co., Ltd.

Image source: network reprint (infringement deletion)

Special note: the cases in this paper are classified as actual cases, all of which adopt pseudonyms. The pictures are for reference only, for consumers to remind and industry practitioners to refer to.

This article specially invites the special content of 3 15 for Tencent news client. Reprinting requires authorization to contact chubby fans. Reprinted or borrowed without permission, the original author reserves the relevant legal rights.

Another year is 3 15, and the epidemic has been very bitter for three years. Look who was beaten by mom this year!

In a blink of an eye, it has been 20 years since I entered the field of used cars. From "fresh meat in the workplace" after graduating from college to "wily" in middle age, it can be regarded as an important stage of the development of used cars in China.

Chatting with friends who have just entered the business and making used cars in China must be strong inside, and your "heart disease" will be very serious. If you don't adjust well, there will be problems after a long time, and you will see too many gloomy sides, so don't lose hope in the sunshine.

The topic I want to talk about today is actually quite sensitive, and it is becoming more and more common. Let's say it through 3 15. I hope you can make a calm and objective judgment. Don't say how black the car dealer is as soon as you despise the chain. There are some people in any industry who are hard to bear. Don't just look at the bad side.

There are "celadon" in the auction industry and "original sin" in the real estate industry, which has China characteristics and many problems!

Second-hand car dealers, car dealers, who cheat you, refund one and compensate three, there are industry and commerce, rights protection and media. On the other hand, if they sell cars, what about people who buy used cars?

Like antique calligraphy and painting, making holes? Serves you right.

Let's talk about some cases in which ordinary consumers "bite" used car dealers in turn. And in recent years, due to the unstable economic situation, more and more!

Deposit agreement, the spirit of contract is difficult to bind customers!

Due to the particularity of used cars, the price of one car, one condition and one city may change at a time, especially in recent years, new cars have been frequently reduced in price, so used cars often have a "deposit agreement" after both parties reach an intention, which is also a formal clause protected by law.

For example, consumer A took a fancy to a 2022 Tesla Model Y of used car dealer A, and the two discussed the transaction price of 200,000 yuan. A paid a deposit of 20,000 yuan to A, and agreed to pay the final payment to take away the vehicle within 7 days.

In this way, if the price of Tesla's new car is reduced by 30 thousand yuan during this period, A consumers will regret it and ask A to refund the deposit. In principle, according to the law, merchants can not refund the deposit for a penny.

On the other hand, if the price of Tesla rises by 30,000 yuan during this period, Party A regrets selling it to A and wants to sell it to B at a higher price. If this is done, Party A needs to pay double the deposit of A, that is, 40,000 yuan.

In fact, although many 4S shops and used car companies have signed various agreements with customers to stipulate the deposit, in practice, customers often find various relationships and affectations after breaking the contract. In the end, many businesses have no choice but to suffer.

So many used car dealers simply come up with a little money. In a short time, those buyers who want to "pay the deposit" and then compare them around, and finally may default and be melodramatic, will not sign the contract!

At the same time, we also advise ordinary people to buy second-hand cars and not to be impulsive. Ask clearly before buying, write clearly, and compare the prices of new cars. Don't think it's inappropriate to buy too much. Be careful before buying. If you think the price space can be reduced, I suggest waiting all the time. It will be cheaper after a while. This sentence always applies to cars. .....

Changing watches and changing cars, there are more and more private behaviors of car sellers!

When it comes to used cars, it is said that the odometer is inaccurate, which is attributed to used car dealers and car dealers. In fact, although the existing laws and regulations are not very strict, as long as the seller can't prove his innocence in the protection of consumers' rights and interests, there will be great loss compensation.

Therefore, more formal second-hand car business enterprises now have auxiliary records and documents to provide the accuracy of car condition and kilometer meter. I won't fool you into "guaranteeing kilometers". When the contract is signed, it means one refund and three compensation!

However, now more and more "ordinary consumers" sell cars instead of "disguising+adjusting watches" before selling them!

For example, some relatively concentrated models, such as Toyota Corolla Lei Ling, Nissan Sylphy and Buick GL8, are likely to be pulled.

There is a case in half a year. In 2020, the instrument of FAW Toyota Corolla shows 80,000 kilometers, which is a bit too much. However, the car was transferred 65,438+0 times, and the 4S shop also had a maintenance record. Replace tires and batteries every six months, but find traces of "at least 65438+ 10,000 kilometers+".

When the owner sells the car, it is "absolutely accurate". In fact, after "more professional testing", it was found that the car ran 200,000 kilometers in three years, and the original owner adjusted the watch to 80,000 kilometers in a "relatively hard" state.

The average used car appraiser is probably fooled.

This car was bought and rented by the original owner, which is a relatively high-end "online car rental". At least Buick GL8 and Audi A6. I didn't expect "Corolla like this" to be the same.

Later, I learned that many "roadside maintenance" will help such car owners adjust their watches in stages. For example, you actually drove 50,000 kilometers in half a year, went to the roadside shop four times, and returned to the 4S shop 1 time, generating records. Before returning to the 4S store, the "one-stop service" of the roadside store was transferred to you.

There is also a "mileage tampering, jogging meter" on a treasure, which actually runs 10 km and the meter runs 1 km. It seems that there are always "too smart" people in China who are engaged in these "unfair" technologies, alas!

What would you do if you met such a customer? I can't see that I was cheated. Can you sue him? Sue, can you win? You are a professional. If you make holes, will the judge understand you?

A few days ago, the "Rolls-Royce watch change case" was even more confusing. There are also "a group of people" buying and selling this used car. It is estimated that they will come back to "fake" second-hand car dealers and earn a refund and lose three!

* * * There are many property rights problems, and people have bad intentions in front of money!

In recent years, * * * cars with property rights, or many property rights problems, have also appeared!

According to the truth, this used car, the seller's certificate is complete, the husband and wife's signature and company seal are complete, and the transfer procedures are complete, which should be legal and compliant, but there is a problem in the middle.

A customer, Zhang San, sells a BMW X6. The market price is 500 thousand, and the used car company ABC also gives the price of 500 thousand. The two sides reached an agreement on the price. According to the rules, ABC pays 30% of Zhang San's car payment, that is, 654.38+0.5 million yuan. The car and formalities are left with ABC company. On the day of the transfer, Zhang San took his ID card to cooperate with his own transfer, and paid the final payment after the transfer.

All the formalities went smoothly, and Zhang San got 500 thousand. However, after 15 days, when enterprise ABC sold the used car again, it found that the vehicle was recorded by asset freeze, which affected the transfer of ownership and even prevented it from being transferred again. Zhang San was discovered. It turned out that Zhang San's wife was suspected of financial fraud. This car is owned by * * *, and it was filed with the relevant departments before, but Zhang San deliberately concealed this information during the sale of this used car!

Now the enterprise demands to return the vehicle. Anyway, Zhang San means "I spent the money and people went in." Whatever, you can sue me, and you don't have to worry about more debts!

In this way, there are also disputes among shareholders of enterprises. Shareholders sell other shareholders and come back to sue. Even between husband and wife and family members, even if the "national traffic control department" has come to the door, the courts, industry and commerce departments are either unable to get through the information or the information is lagging behind. Car dealers have been trapped in recent years!

There are many people who can only say that they are "hungry and cold", and it is becoming more and more difficult for people who are poor and have no friends.

It is also common to hide accidents and roll with the punches!

Many consumers are often described as "nothing serious" when selling used cars. Generally, when they sell used cars, they will "shrink" the accident, while when they buy used cars, they will "enlarge" the accident. It is human nature to seek advantages and avoid disadvantages.

First of all, now the price of new cars is rising rapidly, and the used cars are depreciating. It is understandable that users want to sell more money; Secondly, users themselves don't understand and think that the problem is not big, so it's hard to say; Third, the customer doesn't know that the door is obviously painted. As a result, some 4S shops or repair shops made money from insurance companies in order to "expand and repair", so they replaced the door, replaced the left front fender and even brushed the AB pillar. This record is ugly, and the price of used cars has been seriously affected.

There is another possibility, especially for some high-end, high-performance cars, that the owners are "playing dumb". Anyway, if you can't see the used car appraiser, you will "pay your own tuition." Even if you find out, you can't say anything, shrug your shoulders and say goodbye. You win by fooling around!

Even if the used car company counterclaims the original owner, it is basically difficult to get compensation. At most, the best result is that the original money is returned to the vehicle. This probability is not high. It is suggested that the government should understand these "old lai" in the future!

Increasingly touching porcelain, malicious lawsuits of "rogue lawyers" and "traffic from the media"!

China's second-hand car fair is becoming more and more mature, and its scale will become larger and larger. In the future, it has great development potential not only at home but also internationally.

In recent years, the economic situation is not good, and many "newcomers" have entered this industry, unwilling to make long-term efforts, thinking about speculating to make quick money.

As a result, there are a group of "fake experts" who have little knowledge of used cars and "rogue lawyers" who are eager for quick success and instant benefit, and they may start all kinds of "malicious lawsuits" by "speculating" their self-media combination.

Car 4S shops and big brand used car companies may encounter this problem. Anyway, people's hype is over, even if they can't win, the company's reputation will be gone.

The key is that flies don't bite seamless eggs. Many used car companies also have our own problems in their own quality control and detail management.

At present, the biggest enterprise cost dilemma about second-hand car litigation rights protection is that as long as consumers sue, enterprises must "prove their innocence", so some enterprises' second-hand car management is chaotic and extensive, and they will naturally suffer big losses when they encounter problems. Consumer rights protection costs are low, and there are many people with ulterior motives.

The second-hand car in China is just a typical epitome of the credit system problem!

Used car is a typical field of "integrity and information asymmetry" all over the world. In countries with mature automobile consumption, the main methods are to manage at the source, such as compulsory maintenance of records, illegal tampering with vehicle odometers, and employee credit information system.

In China, there are still a lot of "basic work" to safeguard the fairness and justice of used cars, so it is inevitable that someone will take advantage of it. Among them, professional used car companies must have the "subjective ability and possibility" to harm consumers from the "interests", although consumers may also have the possibility of "deliberately concealing profits", and even "lawyers and media with ulterior motives" threaten used car companies.

However, under the existing circumstances, second-hand car companies need to bear their own business risks and improve their professional level. After all, you "eat this bowl of rice". See antique appraisal, art appraisal, jewelry appraisal, etc. Are these industries also "drilling" their own loopholes?

I believe that most of us ordinary people still buy and sell used cars in good faith, and so do most enterprises, but this does not mean that there are no "bad guys", so we still hope that we can't all be bound by "conscience and consciousness". After all, over the years, many values and speculative ideas of quick success and big money have broken many people's conscience!

Therefore, on the day of 3 15, I hope there will be no special day in the future. Enterprises will operate with integrity, people will live with integrity, society will be ruled by law, and the country will be rich and strong. This is the hope of the Chinese nation.

Before that, I still advise the owners of used car companies to strike while the iron is hot, strengthen management and details, don't touch porcelain and make fewer holes. You might as well rely on yourself!

This article comes from Xiao Pang, the author of Yi Che Hao, who said that the copyright belongs to the author. Please contact the author for any form of reprint. The content only represents the author's point of view and has nothing to do with the car reform.