AutoBeta(AutoBeta.net)07/03 Report--

Mr. Chen in Nanjing bought a new car online through edou, but unknowingly signed a financial leasing contract, and the car was finally rented. What happened during that time?

According to Mr. Chen's description, he saw a notice that "you can buy a car with a down payment of 10%" on June 25, so he went to the Nanjing store with his wife to consult about car purchase. After consulting Mr. Chen's relevant information, the salesperson asked them to transfer 14980 yuan first.

According to the salesperson, the money was transferred to the banking system to assess whether Mr. Chen is eligible for a loan to buy a car, and the money can be returned to Mr. Chen at any time after the evaluation. During this period, Mr. Chen received a lot of verification codes and entered them according to the requirements of the sales staff.

Mr. Chen said they went home after the so-called loan evaluation, and the next day his wife, Ms. Wang, unexpectedly found on APP that she had successfully applied for a loan and signed an electronic contract for financial leasing, with the previous payment of 14980 yuan turned into a down payment. Ms. Wang opened her mobile phone and found that the CAPTCHA information she received was so mysterious that entering the CAPTCHA was equivalent to signing.

According to the financial lease contract, Mr. and Mrs. Chen bought a GAC MOTOR car with a price of nearly 120000 yuan and loan interest of nearly 40, 000 yuan in 48 installments. According to the calculation, the total price of this car is much higher than that of the regular 4S store. To Mr. Chen's surprise, the contract also stipulates that the car must first be registered in the name of the edou new car network, and the car can be transferred to Mr. Chen only after the loan has been repaid.

The money used to verify the qualification of the loan has become a down payment on the loan; the CAPTCHA received on the mobile phone is actually a signature of the financial lease contract; and the original plan to buy a car has become a car rental.

Mr. and Mrs. Chen thought that they had been "cheated" by the salesperson of the new car network of edou. On June 27, Mr. and Mrs. Chen went to the new car network of edou to ask for an explanation. In the afternoon, they received a phone call from a manager of a store in Nanjing.

Manager Li of the Nanjing store said that it is impossible for the salesperson to believe 100% of what he said. There must be some moisture in it and some appropriate exaggeration. I hope Mr. Chen can understand.

Manager Li also said that edamame certainly does not want to maliciously occupy the customer's money, but just wants to let the customer book the car as soon as possible in this way. However, Manager Li also promised that he could help Mr. Chen to cancel the contract and refund the down payment, but it would take time.

When Mr. Chen and his wife came to the Nanjing store again on June 28, Manager Li's story changed, saying that Mr. and Mrs. Chen were mainly responsible for what happened.

Manager Li said that the husband and wife were present on the day of signing the contract, the mobile phone was also in their hands, and they were operating everything themselves, blaming them for not looking carefully.

Ms. Wang also admitted that she was indeed responsible for negligence, but before entering the CAPTCHA, edou did not mention the financial lease contract, let alone stated that entering the CAPTCHA was to sign the contract. If you had known in advance that you had signed a "car rental contract", it would not have been signed.

In response, Manager Li said that salespeople have to receive a lot of customers every day, so it is impossible to explain every clause of the contract clearly.

Finally, after negotiations between the two sides, the new car network of edou terminated the financial lease contract on the afternoon of June 28, and Mr. Chen also got all the down payment smoothly.

So, what kind of contract is the financial lease signed by Mr. and Mrs. Chen? Manager Li said that although on the surface it is a lease contract, it is actually a car purchase contract, but the contract is in the form of paying rent. It is equivalent to financing, but it is actually a buying and selling act.

However, legal people hold different views. Wu Bo, a lawyer at Jiangsu Subo Law firm, said that this is a rental agreement rather than a car purchase agreement. This contract completely goes against the original intention of the car buyer, who buys the car to obtain the ownership of the car, not to lease the car.

In addition, lawyer Wu looked at the financial lease contract and found that the liability for breach of contract was very vague, using the technical term "including but not limited to". Once there is any breach of contract by the car buyer, the right of interpretation will eventually fall into the hands of edou.

From the point of view of the operation of the new car network, lowering the threshold for consumers is a good thing, but the whole process should be clear that car buyers should understand and agree to the relevant terms of car purchase. If some sales means are used to infringe upon the rights and interests of car buyers for performance, this is undoubtedly the performance of cutting off the back road. From the whole process of Mr. Chen's car purchase, whether it is buying a car in a formal 4S store or buying a car on the network platform, we should understand the details of the car purchase process and should not be negligent. In addition, we should not blindly believe in those discounts that deviate from the normal range.

Welcome to subscribe to the WeChat public account "Automotive Industry Focus" to get the first-hand insider information on the automotive industry and talk about things in the automotive circle. Welcome to break the news! WeChat ID autoWechat