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110000 becomes 10,000! Xianyu was sued by the buyer after canceling the sale price by 1%.

2024-11-17 Update From: AutoBeta autobeta NAV: AutoBeta > News >

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AutoBeta(AutoBeta.net)06/08 Report--

Recently, a case about buying and selling second-hand cars has caused heated discussion among netizens on the Internet. According to the party concerned, he hung a second-hand car worth about 110,000 yuan on salted fish for sale, but due to his negligence, he wrote a zero less than the price and wrote it for sale at 11,000 yuan. Subsequently, the vehicle was photographed only to find that the price was wrong, he communicated with the buyer, but no result, had to cancel the transaction, but did not expect to be sued by the buyer. At present, the case has been held for the second time in Taishan City People's Court on June 6.

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According to the seller, he is open fast food restaurant, in February this year urgently need capital turnover, ready to use their own Geely Jiaji top version of the 1.5T model car second-hand sold. However, after asking the offline car dealer, she was not very satisfied with the price given by the other party, so she was ready to put the vehicle on idle fish for sale. It indicates that the vehicle is under her husband's name and purchased in 2019. The original price is more than 160,000 yuan, and it has been driven for more than 20,000 kilometers in more than three years. According to his estimation, he was prepared to sell the vehicle for 111,000 yuan. It said that at first he did not know that the price was wrong, until a few days later, someone directly photographed and paid, but also asked when to transfer, only to find that he actually marked the price of the car as 11,000 yuan.

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The seller said: "This price is obviously unsellable." Then he tried to ask the buyer's phone number for communication, but the other party did not provide the phone number at the first time, and the phone reserved for receiving failed to connect. Therefore, the transaction was cancelled. But in April of this year, he suddenly received a summons from the court and learned that the other party had taken him to court. The plaintiff argued that it had not operated in good faith and that closing the order without the buyer's consent should be regarded as a clear notification of non-performance of the contract. The value of the second-hand car sold by it is about 100,000 yuan. Its failure to perform the contract will cause the buyer to spend 90,000 yuan more to buy the same car. If it is sold, it can also get more than 80,000 yuan of benefits, so the seller shall bear relevant responsibilities according to law.

The seller's party argued that the online sale of the involved vehicle price of 11000 yuan was a major misunderstanding. In view of the first sale of the car, a 0 was omitted, which was discovered only after the buyer took the payment, and later the money was returned. The price published by him is purely miswritten. This transaction obviously violates the legal principle of obvious unfairness. He has the right to ask for cancellation of the contract, but failed to contact the plaintiff for negotiation.

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For the seller's experience, many netizens pointed out: such mistakes, whether for "low price drainage". Sellers for netizens questioned that they really only sell some idle items, is not a business at all,"drainage" this practice is completely unnecessary. Some netizens said: This is a major misunderstanding scope, when the purchase price is far lower than the market price, this transaction can be revoked.

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From the current website to see, Geely Jiaji second-hand car price range is about 80 - 100,000 yuan.

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In response to this matter, industry insiders pointed out that in this incident, according to the trading rules of Article 4, paragraph 1, of the Code of Conduct for Idle Fish Community Users, both buyers and sellers can communicate with each other about the transaction and commodity situation, and both buyers and sellers can close the order independently before the seller delivers the goods after the buyer pays.

Legal professionals also said that according to the Civil Code, e-commerce is subject to the rules of third-party trading platforms, which are also part of the contract. If the trading rules of the e-commerce platform specify the circumstances under which the sale and purchase contract can be revoked, this is legally allowed. In addition, if the seller does not intentionally sell at a low price, it shall be judged according to the average price of the second-hand market of the vehicle. If the price is indeed low, this is a major misunderstanding and can be revoked; However, from an objective point of view, the seller does sell the vehicle. If the buyer has completed the payment and the buyer closes the transaction without any notice, then the seller is at fault and shall be liable for compensation, and the amount shall be determined according to the actual loss.

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