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2024-09-08 Update From: AutoBeta autobeta NAV: AutoBeta > News >
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At present, the second-hand car market has not yet formed a norm, accident cars, water-soaked cars are no longer sold as boutique cars, even officially certified second-hand cars can not avoid this situation.
Mr. Wang of Ningbo, Zhejiang encountered this situation, confirming the identity of the owner and the condition of the vehicle many times before buying the used car, but there were serious safety risks after the purchase, and there was the fact of concealing a major accident. He angrily sued the second-hand car dealer to the court.
Last year, Mr. Wang took a fancy to an Audi A6L at Ningbo Mingya second-hand Brokerage Co., Ltd. Hu, a salesman and former owner, said there was a small scratch accident on the right front of the Audi A6L and showed the car's maintenance records at the 4S store. Mr. Wang reconfirmed the situation with the salesman and the car owner. Hu, the original owner, said that he was driving the car, and he was not an intermediary, and he knew the car very well.
As a precaution, on the day of signing the contract on January 4, 2019, Mr. Wang repeatedly confirmed with the other party that Hu was the owner rather than an intermediary, and confirmed that she had been driving the car and knew about the condition of the car. In the end, the price of this Audi A6L is 276000 yuan, plus intermediary fee, insurance premium, handling fee, etc., and the final landing price is 319400 yuan.
Due to the mortgage, Mr. Wang received the insurance policy and asked the loan company to take a picture of the vehicle registration certificate to show him. Mr. Wang found that the car had been transferred many times and had been transferred to Hu for less than a month. After asking the intermediary company, it was found that Hu actually worked in used cars, with more than 60 used cars under his name. Hu also admitted the fact that he was a second-hand car dealer.
This is not the most important thing. A month after buying the car, the car was warned of airbags. Two months later, Mr. Wang went to the 4S store and found that the airbags on both sides of the front seats were missing. Mr. Wang put forward a request to return the car on the grounds that there were serious safety risks in the lack of airbags, but Hu refused.
He had great doubts about the condition of the car because of the lack of airbags. By accessing the original owner's claim records and accident photos, he found that the car had a number of major accidents in October 2018, in which the car's airbags ejected and the maintenance cost was as high as 106000 yuan, but Hu never told them.
In May 2019, Mr. Wang and Hu went to Ningbo used car Association to discuss the matter, but no settlement was reached. Mr. Wang also commissioned relevant agencies to test the car and concluded that it was a major accident vehicle. After that, Ningbo second-hand car Association and market regulatory authorities intervened in mediation, all of which ended in failure.
In the end, when there was no hope of coordination, Mr. Wang filed a lawsuit with the court and filed a request for a refund of one to three. The people's Court of Jiangbei District, Ningbo City, Zhejiang Province, found that Hu was not truthfully informed and that there was sales fraud. According to the relevant laws and regulations, if business operators commit fraudulent acts in providing goods or services, they shall increase compensation for the losses suffered by consumers in accordance with the requirements of consumers, and the amount of compensation shall be three times the price of the goods purchased or the cost of services received by consumers.
Finally, the court made a judgment of first instance: revoke the "vehicle Sale contract" signed between Wang and Hu and Ningbo Mingya Company on January 4, 2019; Hu returned 276000 yuan for the car purchase, and increased the compensation for the loss by 828000 yuan, totaling 1104000 yuan.
The defendant Hu refused to accept the judgment of first instance and filed an appeal to the Ningbo Intermediate people's Court. Recently, after the trial of the court of second instance, the appeal was rejected, the original verdict was upheld and the litigation costs of the second instance were borne. At present, the case has entered the stage of enforcement.
Mr. Wang said to remind consumers who want to buy used cars to keep their eyes open so as not to cause unnecessary losses to themselves.
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