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Recently, Lanshi in Liuzhou reported to the media that at the end of May this year, she mortgaged a BMW 5-Series sedan worth 440000 yuan to a car dealership in Liuzhou for 150000 yuan, and agreed to redeem the car at the end of June. However, the car was sold by the car company a few days after the mortgage, and now the car has been asked for 250000 yuan, which may not be redeemed.

On May 30, Ms. Lan was introduced to mortgage her BMW 5-Series car to BOSS, a car company located in Guangxi Automobile Trade Park on Liugong Avenue, and agreed with a person in charge of the car shop to redeem the car on June 30.

According to the car purchase contract and ticket provided by Ms. Lan, the BMW 5-Series price on arrival is 438600 yuan. Ms. Lan said that because she was in urgent need of repayment, she wanted to mortgage the car to the car dealership after being introduced by a friend, and then redeem the car a month later.

When Ms. Lan was ready to redeem her car at the end of June, she found that the car had been sold as early as June 4, that is, it was resold to Shandong less than a week after the mortgage.

Ms. Lan went to the car company to ask for an explanation, and the person in charge of the car company said that they had signed a used car contract and that they were acting in accordance with the contract. For the redemption car, the person in charge said that the car changed hands many times, and he could not set the price, so he should ask the specific car buyer.

Ms. Lan said that at first she wanted 205000 yuan, then she raised it to 250000 yuan, and she had to redeem the car within a month, otherwise the car would not be redeemed. Ms. Lan believes that her car is only a mortgage, but the car company sold the car without her authorization, and she had to redeem it for 250000 yuan, which she could not accept.

On August 18, the person in charge of the car company said that he signed a contract for the sale and sale of used cars with Ms. Lan at the price of 300000 yuan, and there was no problem in the procedure, and he also transferred 150000 yuan to Ms. Lan, because the vehicle loan had not been transferred to his name, so the final payment was not settled. The person in charge said that it is impossible for Ms. Lan to sell her car to the car company and want to buy it back at the original price. the car can be sold to Ms. Lan or not.

Ms. Lan could not successfully redeem the car and reported the case to the police station, but the police did not file the case because it was not within the scope of its functions. Ms. Lan got a copy of the contract she signed through the police station.

The contract documents signed by Ms. Lan include "Agreement on transfer of vehicle Pledge and use right", "repayment guarantee", "confirmation of delivery of pledged goods", "confirmation of relevant notices and details of pledged vehicles", "transfer power of attorney" and "contract for the sale of used cars".

It is stipulated in the "used car Sale contract" that the buyer pays 40,000 yuan in advance, and the seller needs to settle the car loan within 10 days, and assist the buyer to transfer ownership, the buyer will pay off the final payment. In the Agreement on the transfer of vehicle Pledge and use right, it is stipulated that Party A shall transfer the vehicle and the right to use of the vehicle to Party B, and Party B shall voluntarily accept the pledge bond, the right to use, the transfer amount and the vehicle sale contract at one time. At the same time, it is agreed that the term of transfer is long-term.

It is worth mentioning that Ms. Lan signed all the above contracts, but the car dealers or the buyers signed with them all left blank and only had the signature of the person in charge in the non-signed area at the end of the contract, and the date was July 18, 2020.

Ms. Lan said that she did not read the specific terms of the contract carefully at that time, and that the blank space of the contract was later filled in by the car company, and she did not know what was written.

At present, Ms. Lan has reflected the situation to the Hexi Market Supervision and Administration Institute of Liuzhou Market Supervision and Administration Bureau. The staff said that Ms. Lan and the car company belong to a contractual dispute, not a consumer buying and selling relationship. It is suggested that Ms. Lan apply to the arbitration department for arbitration or bring a lawsuit to the court.

Legal personages believe that there is only a unilateral signature in the contract, and if the other party has not signed and sealed it, the contract will be invalid. Ms. Lan can collect relevant evidence and sue in court, asking for repayment to the car company, and the car company returns the car to Ms. Lan.

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