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Recently, Mr. Wang, a Lexus owner, reported to the media that he bought a Lexus car in June last year, but so far did not mention the car, wanted to return the deposit was told that he unilaterally breached the contract, so he could not refund the deposit.

According to the media "1818 Golden Eye" report, on June 25 last year, the car owner Mr. Wang ordered a Lexus car at a Lexus 4S store in Yuantong, Zhejiang Province, on Tianmu Mountain Road in Hangzhou, with a total sales contract price of 310000 yuan. Mr. Wang paid a deposit of 10,000 yuan on the same day, and the two sides signed to deliver the car before the end of August 2021.

According to Mr. Wang, two weeks after paying the deposit, he contacted the sales consultant in the store because there was something wrong with his funds, hoping that the sales consultant could help transfer the deposit contract. however, this request was rejected by the sales consultant, but the sales consultant proposed that a new model would be launched in the store, which can be seen at the end of the year. In August, the sales consultant said: "the 10,000 deposit is new and will be kept until the end of December."

Mr. Wang went to the store to see the car at the end of December. Mr. Wang said: "I wanted to confirm the new model at that time, but they haven't contacted me up to now. For me, I should have refunded the deposit of 10,000 yuan if I didn't hand in the car in accordance with the contract." Mr. Wang went on to explain that although he agreed with the sales consultant to buy a new model at the end of the year, the 4S store did not take the initiative to contact him to book the car at that time. In his view, according to the original contract, the 4S store did not deliver the car at the agreed time and should return the deposit.

In this regard, the sales director of Zhejiang Yuantong Lexus 4S store does not agree with Mr. Wang's logic, saying: "the car will arrive at the store on July 30, 2021, and there is no problem that we can hand it over. Later, we communicated with the sales consultant, and the sales consultant was also for the consideration of the customer. Put off the funding problem." It also pointed out that Mr. Wang ordered the car in June last year, and they were able to deliver it within the agreed time. Later, considering the customer's personal situation, they agreed to postpone the deposit to the end of last year. Moreover, at the end of last year, Mr. Wang did come to see the new car, but was not sure whether to buy it or not. In their view, it was the customer's unilateral breach of contract. In addition, the sales consultant in the store also made it clear to Mr. Wang that the deposit could not be refunded, because the unilateral breach of contract could not be refunded, and later the customer did not book the car by himself, and if it was confirmed by phone on the same day, the deposit would not be refunded. If you do not sign a new contract, the deposit will not be refunded, in our opinion, the contract will be terminated.

Mr. Wang also disagreed with Director Ma's statement. Mr. Wang said he did not mention the refund of the deposit to the salesperson when he came to see the car at the end of last year. Director Ma said that the withdrawal of the previous plan to refund the deposit of 4000 yuan would confiscate the deposit paid by Mr. Wang on behalf of the company.

The car purchase contract is a formal purchase and sale contract signed between the car buyer and the dealer, and it is a basis for ensuring the rights and interests of both the dealer and the consumer. if one party breaches the contract, the other party may require it to bear the liability for breach of contract such as compensation for losses according to the car purchase contract. " Therefore, before signing the contract, both parties should be cautious and clear about the main points of the contract, so as to avoid unnecessary misunderstandings.

In response to the above incident, so far, the two sides have not reached an agreement, and Mr. Wang pointed out that the matter will be resolved through legal means.

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