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Mercedes-Benz announced the recall the day after booking, and the 4S store denied malicious concealment.

2024-09-08 Update From: AutoBeta autobeta NAV: AutoBeta > News >

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Recently, a Guizhou car owner complained to the media that "Guizhou Guixing Automobile sales and Service Company Mercedes-Benz 4S store maliciously fraudulently sold recalled vehicles". The car owner, Mr. Ye, filed a lawsuit with the people's court after several fruitless negotiations with the Mercedes-Benz 4S store, and the case has entered the formal trial stage, thepaper.cn reported.

On the quality report complaint platform of thepaper.cn, a user named "LMix" posted a complaint letter on the platform on August 29 this year about the malicious fraudulent sale of recalled vehicles at the Mercedes-Benz 4S store of Guizhou Guixing Automobile sales and Service Company. The letter said:

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1. On November 8, 2019, we reached an intention to buy a car with Guizhou Guixing Automobile sales and Service Company, paid a deposit of 50,000 yuan, and signed an automobile sales contract, but the contract did not specify the frame number of the vehicle.

2. On November 12, 2019, we signed a car mortgage loan contract with Mercedes-Benz Auto Finance Co., Ltd., which specified the frame number of the purchased vehicle and made the purchased car special. On the same day, the State Administration of Market Supervision and Administration issued a recall notice of the vehicles involved. However, Guixing company did not fulfill the obligation of disclosure when determining the sales vehicle frame number and signing the mortgage contract, which infringed on consumers' right to know!

3. When the buyer paid the down payment, insurance and related fees on November 15, 2019, the company did not inform the buyer that the vehicle was recalled.

4. On November 18, 2019, Guixing delivered the recalled vehicle to the buyer, but did not submit the vehicle for inspection in accordance with Article 4 of the car purchase contract, nor did it inform the fact that the vehicle involved was recalled!

5. On May 31, 2020, car buyers inquired through the State Administration of Market Supervision and Administration and the official website of Mercedes-Benz that the vehicles involved were recalled. And in the follow-up communication, it was learned that the relevant parts that need to be replaced when the vehicle arrived at the store on November 9, 2019, arrived at the 4s store of Guixing Company with the car (there is a recorded phone call with the salesperson). Therefore, during the whole sales process from the delivery of the deposit on November 8, 2019 to the delivery of the vehicle on November 18, 2019, your company knew that the vehicle it sold was a recall vehicle. Malicious concealment has not informed the buyer that the vehicle is a recalled vehicle, and on November 13, 2019, without informing consumers, the vehicle was entered the factory to replace the relevant parts.

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By consulting the recall news of the State Administration of Market Supervision and Administration, it is found that on December 29, 2019, Mercedes-Benz (China) Automobile sales Co., Ltd. and Beijing Mercedes-Benz Automobile sales Co., Ltd. recalled to change and expand some imported, domestic E-class two-wheel drive vehicles, it is mentioned that when the front shock absorber of the vehicle is impacted by a large external force, it may cause damage to the shock absorber and deformation and bending of the shock absorber fork. It even causes the bushing of the lower control arm of the vehicle to protrude, which in extreme cases may lead to the fracture of the fork head of the shock absorber and the hidden danger of safety.

According to Mr. Ye's complaint information, the Mercedes-Benz car he bought from Guizhou Guixing Company falls within the scope of the recall. According to thepaper.cn, Mr. Ye confirmed the vehicle frame number and signed a mortgage contract with Guizhou Guixing Company on November 12, 2019, and officially delivered the vehicle to Guizhou Guixing Company on November 18. For a week, Guixing has been hiding this fact.

车主叶凌霄查询发现,其购买的奔驰车辆属于召回车辆。受访者供图

In this regard, Guizhou Guixing Company said that it did not know the recall information and there was no malicious concealment. The sales manager of the 4S store said that on November 11, 2019, the electronic credit authorization agreement for credit business containing Mr. Ye's electronic signature had specified the frame number of the vehicle purchased instead of the 12th confirmation mentioned by Ye Lingxiao. The vehicle recall announcement was issued on November 12, and the company was not aware of the fact that the vehicle was recalled.

However, the sales manager admitted that the vehicle had been repaired. After the vehicle maintenance parts arrived at the store on November 13, 2019, the maintenance department carried out maintenance and replacement according to the recall plan, until Mr. Ye picked up the car on November 18, and the company delivered a commodity car that fully met the national factory inspection standards. there is no "malicious concealment".

Mr. Ye does not agree with the statement of the 4S store, even if it is "secretly" repaired, at least he should know the information of the vehicle within the scope of the recall.

After unsuccessful negotiations, Ye Lingxiao filed a lawsuit at the Guanshan Lake District people's Court in Guiyang City, requesting that Guixing Company be ordered to refund the car purchase money and compensate for vehicle purchase tax, insurance premium, vehicle maintenance service fee, car loan interest, triple car purchase payment and appeal-related costs. At present, the case has entered the stage of formal trial.

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