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According to a report on Jiangsu TV City Channel yesterday, a Kunshan car owner sued the court for buying a used car that was found to be a major accident car. The owner was finally awarded a compensation of one to three. This is a rare case of second-hand car consumption and won court support compensation.

In June 2019, Ms. Zeng of Kunshan spent more than 130,000 yuan in a 4S shop to buy a second-hand Lexus. The first registration date of the vehicle was January 2014, equivalent to more than five years of vehicle age, and the second-hand car dealer also promised in the contract that the vehicle sold was not an accident car. At the end of 2020, because the owner urgently needed money to resell the vehicle again, the car was told when it was sold that there had been a major accident and the market value was about 80,000 yuan, so the owner sued the 4S shop to the court.

According to court investigation, there was a rear-end collision accident in July 2017, two years before Ms. Zeng bought the car. The accident caused serious damage to the front and rear of the vehicle. The parts of the vehicle were replaced. The amount of replacement parts was as high as 140,000 yuan. At that time, the residual value of the vehicle was evaluated by the insurance company as more than 102800 yuan. The maintenance price of the vehicle had exceeded the residual value of the vehicle and lost the value of continued use after maintenance. After the accident, the insurance company bought the vehicle. From the price and list replaced at that time, the court held that the vehicle had actually caused structural damage, and in the contract between Ms. Zeng and the second-hand car dealer, it was clearly stated that the vehicle was "guaranteed to be free of structural damage and wading accidents", and according to the second-hand car evaluation process defined by the second-hand car dealer himself, the above-mentioned parts were also inspected, and the second-hand car dealer should inspect this.

The second-hand car dealer said in court that the vehicle had been delivered to Ms. Zeng for more than a year and had fulfilled its contractual obligations. As the seller of the vehicle, they also fulfilled their product quality review obligations, saying that at that time, the official of the brand did not inquire about the maintenance records of the vehicle. However, the court held that the unit could not make a judgment based on the information on the official website, and it was necessary to check the actual situation of the parts technically. The court stressed that as long as the master with a little experience could check out the problem. In the course of the investigation, the court also found out that second-hand car dealers had also adjusted the mileage from 75000 to 61000, and that second-hand car dealers had adjusted the meter.

In the second-hand car transaction, the second-hand car operation bears the obligation to investigate and inspect the vehicle condition, performance, whether there has been a major accident and other important information, and truthfully and completely inform the consumer. The 4S shop has constituted fraud against Ms. Zeng. Finally, the defendant is sentenced to refund 134350 yuan of the purchase price of Ms. Zeng and compensate 403050 yuan.

In similar cases, most buyers do not receive compensation. Because most consumers and second-hand car dealers only reach a verbal commitment to the quality of second-hand car products, the purchased vehicles are non-accident cars, but this agreement is not clearly stated in the contract, which is the key to obtaining court support.

When this case can be supported by the court, on the one hand, both parties have clearly agreed on this in the contract, and secondly, the court has recognized the maintenance record, so the owner has obtained legal support. As for whether the owner can finally get compensation, the court will also have corresponding enforcement procedures, this case can be used for reference by owners and second-hand car dealers with similar experience, I believe this precedent can also make more consumers learn to protect their own interests, such things must be rare, merchants also dare not so blatantly cheat consumers.

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