Tesla owner Han Chao sent such a Weibo on the evening of February 4th, 65438. He bought a used car last year? Models? After S, I accidentally found that the vehicle had signs of overhaul, and I took it to court after failing to negotiate with Tesla Tianjin Company. After a year of twists and turns and hardships, he ushered in victory.
Key points of the first-instance judgment of Daxing District People's Court in Beijing:
▎ Cancel the used car contract between Han Chao and Tesla;
▎ Tesla returned the original purchase price of 379,700 yuan to Han Chao within ten days;
▎ Tesla paid compensation of1139438+00,000 yuan to Han Chao within ten days.
This matter immediately caused a heated discussion in Weibo. In just 6 hours, there were 302 reposts, 320 comments and 924 likes, which became a hot spot in the automobile industry for a while.
Che Jujun is also paying attention to this matter, and made a special report, "China's second-hand car class action lawsuit against Tesla? Not only chip doors, but also second-hand accident cars. Therefore, it has also been loved by the Korean and Korean dynasties and received many comments.
We also interviewed Mr. Han for the first time. The following is a record:
First, the origin: things are roughly like this.
On May 20 19, Han Chao bought an officially certified used car model in Tesla Tianjin Store. S, the car price is nearly 380 thousand. At that time, Tesla promised that the vehicle was in good condition and there was no structural damage after more than 200 procedures.
But within more than two months after picking up the car, this one? ■ Frequently asked questions, * * * repaired 7 times. Even on August 24 th, the car suddenly turned off and the brakes failed, which almost caused a big accident.
But Tesla did not admit that there was a problem with the car, which began a long and difficult negotiation with Tesla.
When Che Jujun asked Han Chao, what had been supporting him?
After 80, it was Tesla's attitude.
He felt cheated, but he couldn't find a reasonable explanation. At the same time, Tesla's irresponsible attitude is completely inconsistent with the international big company he imagined.
"If they hadn't, they wouldn't be here today." In retrospect, there are still some difficulties in Korea and North Korea. "Even if I say the original car, I can accept it. Sales said it was impossible because the company wanted to make money. His condition is about a discount of 65,438+10,000, but I only opened it for two months. "
This is the first time that Che Jujun has seen such a straightforward corporate culture.
The second consultation was held in Tianjin. The judge asked Tesla if he could return the car at the original price. The other party said no because the company wanted to make money. Then the lawyer left, and finally a new lawyer appeared in court.
Che Jujun asked, is this new lawyer better?
"no!" Han Chao felt a little angry and laughed. "I met this lawyer in the elevator when I was resting. People take the initiative to call names: I think your winning rate is particularly low! "
Han Chao calmly replied: Then wait for the verdict.
In the end, the judge found that Tesla was fraudulent and supported the claim of one refund and three compensations of Han Dynasty.
Second, twists and turns: three comments before and after.
Han Chao said, this model? S * * * has been identified three times, and the process is very strange.
Entrusted to Tianjin Feng Wan for the first time, the appraisal results show that the vehicle has structural operation and belongs to an accident vehicle. However, Tesla does not recognize it and requires a third-party judicial appraisal.
Therefore, Tesla entrusted the court to invite Shi Jing to do the second appraisal.
Shi Jing is the only institution in Beijing Judicial Library that specializes in automobile appraisal. Shi Jing's conclusion is that the maintenance of Tesla has a certain impact on the safety of vehicles, and 25% of the extra losses will be caused by the cutting residual value.
Tesla was still not satisfied with the second appraisal. Without telling the owner, he found a third organization, Zhejiang * * * An, for appraisal.
This conclusion, it is finally satisfied.
Because * * * Ann said that by visual inspection, photos and user manuals provided by Tesla, it was concluded that the maintenance had no impact. However, the Han dynasty found * * * and asked what happened later? The other party's response: it is not responsible for the authenticity of the appraisal object.
During the trial, the judge did not recognize the third appraisal, which was considered inconsistent with judicial procedures, and did not mention anything related to * * * when sentencing.
The court held that Tesla, as a professional company, should explain the accident and maintenance of the vehicle in as much detail as possible when selling the vehicle. Moreover, from the photos submitted by Tesla, the vehicle does involve large-scale cutting and welding, and this repair method will inevitably have an important impact on consumers' willingness to buy a car.
Therefore, Tesla constitutes fraud.
Third, suggestion: keep Tesla's evidence.
When asked what advice he had for car owners who later bought Tesla, Han Chao said: Be sure to archive all sales conversations, materials and WeChat as much as possible, because they are likely to be inconsistent.
"Even at that time, Tesla promised something about used cars in official website, and later denied it and deleted the relevant content." Han said, "Fortunately, I did the notarization in time."
Che Jujun asked him what to do next. He said he hasn't decided yet. Maybe he should get a new car first.
"What car? Definitely not Tesla! " Han Chao laughed.
Asked about his verdict on the case, he said that the other party would definitely appeal. "Because I see through this company, they can insist on doing things that ordinary people can't do for their own interests."
Han Chao gave an example.
When the judge asked if he knew that the cut vehicle would affect the safety, Tesla's legal affairs said that the Passat A-pillar was broken, which met the national vehicle operation safety standards and could be sold normally. Then our Tesla car is just a fender after cutting, and there is no problem.
He smiled angrily and felt that the other party deliberately confused the concepts of collision safety and operation safety.
Che Jujun believes that even if the maintenance of Tesla's all-aluminum body really needs the "welding and riveting" process, it should tell the user truthfully when selling the car, instead of simply saying "there was a small accident."
Actually, according to the maintenance, this one? Maintenance of S includes: replacement of rear bumper, replacement of left rear fender, wheel hub repair and replacement of rear fender liner.
This kind of maintenance can hardly be called "minor accident". This is also one of the reasons why the judge ruled that it constituted fraud.
"I will accompany you to the end, and now I just want to eat well." Han Chao finally said. ?
Jeju tubercle
Bian Xiao intends to trust Tesla executives privately and give an interview. The result confirmed another reality: it was hacked by Tao Lin, vice president of external affairs of Tesla.
The latest news, Tesla really decided to appeal.
Che Jujun has been repeating a picture: Why are Tesla's lawyers so confident that they will win? They must have had too many successful cases before. But this time, this confidence hit a wall.
The day when the judgment was issued was National Constitution Day.
In Weibo, almost all netizens overwhelmingly support the Han Dynasty, including Wang Da, who has more than 2 million fans like Kazan, Shi Tian. He bluntly said: Let everyone recognize the image of Tesla brand.
At the same time, everyone also expressed their respect for the Han Dynasty. This northern man of Leo not only let Tesla owners breathe a sigh of relief, but also sounded the alarm for all foreign companies in China: leeks can't be bullied.
We will continue to pay attention to the progress of this matter.
This article comes from car home, the author of the car manufacturer, and does not represent car home's position.