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Some time ago, a shopping dispute over a used car auction triggered a heated discussion among netizens. A user reported that he killed a second-hand Mercedes-Benz car with an original price of 204000 yuan at a price of 7500 yuan on Taobao Ali auction platform. However, the seller then contacted him and said that the price was mismarked and hoped that he could get a refund. The user refused a refund and urged delivery several times. Subsequently, the two sides went to court on the matter.

Recently, the incident has finally come to an end. According to the court documents, the Chengdu Intermediate people's Court of Sichuan Province issued a final judgment on the case, and the company was awarded 196500 yuan in compensation to Mr. Liu.

Review of related events: on November 14, 2019, Mr. Liu said that he had killed a used Mercedes-Benz GLA-class 2016 four-wheel-drive 2.0T double-clutch fashion car at the "Ali auction" on Taobao platform, a small shop run by a good car cool company called "Taobao used car". The price of the whole car was 7500 yuan. After the second kill, the store customer service contacted Mr. Liu to say that "this car is not on sale" and hoped that Mr. Liu would apply for a refund. It also said that it was due to the system error that the car price was mismarked and the car source had been sold and could not be traded normally, and a solution of 100 yuan compensation was proposed. In this regard, Mr. Liu said he could not accept it. Subsequently, Mr. Liu urged the goods many times, but the other party still did not deliver the goods. Mr. Liu asked the other party to fulfill the obligation of selling cars, saying that he could find second-hand cars with the same brand, similar conditions and similar configurations for delivery. However, the two sides did not reach an agreed solution, so the two sides went to court on the matter.

With regard to this matter, the court said that the sale and purchase contract established between Mr. Liu and the good car Cool Company is a true indication by both parties that the content does not violate the mandatory provisions of laws and administrative regulations, and is legal and valid. Both parties should perform their obligations in strict accordance with the law. The good car cool company should fulfill the obligation of delivering the vehicle in accordance with the agreement, but the good car cool company still did not deliver the goods after Mr. Liu's repeated reminders, and clearly informed that the vehicle involved in the case could not be delivered. Therefore, Mr. Liu has the right to exercise the legal right of cancellation and ask the company to compensate for the loss. The court of first instance ruled that the company paid 196500 yuan to Mr. Liu within 10 days from the effective date of the judgment.

The court of first instance ruled that the good car Cool Company expressed dissatisfaction and continued to appeal on the grounds that the failure of the Taobao system led to the mismarking of the whole car price, and the vehicle had now been sold and could not be delivered. On August 12, 2021, the court delivered a second instance judgment on the case. Appellant good car cool company's appeal grounds can not be established, upholding the original verdict.

At present, the model sells for 160000 to 172000 on the Alibaba auction platform, while other second-hand Mercedes-Benz GLA 2016 models sell for about 160000-220000 yuan, and the official price range for new cars is 276800-332800 yuan. In this regard, some netizens said that the business lost a lot this time. Some netizens also said that good faith management must deliver goods.

In response to this matter, the relevant legal personage said: if consumers have completed transactions such as ordering and payment, they should be regarded as legal and valid contracts involved in the case. "mismarked price" can not be a reason for businesses to ask consumers to refund and unilaterally cancel the contract. If the seller says that the vehicle sold by the consumer has been sold, the delivery of the vehicle cannot be completed. In a situation like this, consumers can ask for reparations. If the merchant thinks that the contract is unfair or has a major misunderstanding, the contract should be cancelled. The merchant can request the court or arbitration institution to cancel the order, but cannot cancel the order at will or ask the consumer for a refund.

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