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Recently, more than a dozen BMW owners in Guangzhou reported to the media that they were unable to pick up the car when they paid the car money at the Guangzhou BMW Yuebao 4S store. In addition, there are car owners who reported that their used cars involved in the second-hand car trade are also missing, and the validity of the car purchase contract is also said to be invalid. According to the situation reflected by the car owners, they all bought the car through "Zhang Wei", a BMW salesman, but at present, the sales consultant surrendered himself on December 23, 2022, and the public security organs have also filed a case for investigation on the crime of fraud.

It is understood that the amount of money involved in this incident is more than 4 million yuan, and the owner with the highest transaction amount paid nearly 990000 yuan, another owner who bought the BMW 8-Series paid 840000 yuan, and the other owners involved in the transaction amount of more than 300000 yuan. With the outbreak of the incident, many victimized car owners went to Guangzhou BMW Yuebao 4S store to pull banners to protect their rights.

According to a car owner, he spent more than 450000 yuan on a BMW Z4 car received by Zhang Wei, a salesman at BMW Yuebao 4S store in December last year. at the same time, he participated in the used car exchange transaction to sell his BMW X3 car to the BMW Yuebao 4S store for 265000 yuan as part of the purchase of a new car. However, when picking up the car, I was told that the money had been cheated by the internal staff and could not carry the car. The owner also said: at present, BMW Yuebao 4S store does not provide a solution to complete car pick-up or refund. I can't get my money back now, and I don't have my old car.

It is worth noting that many car owners are also reflected in the process of buying cars, transferring the money to the personal account provided by the salesperson "Zhang Wei". According to the reflection of car owners: the salesperson "Zhang Wei" is mainly collected in the name of purchase tax, vehicle replacement payment and so on. The car purchase money was asked to be transferred separately, one of which was transferred to a person's account. With the salesman turning himself in, it has become a fact that the car owners have been cheated out of their car money. Car owners have said: no matter what the situation, BMW Yuebao 4S store has an unshirkable responsibility. All appeal to BMW Yuebao 4S store, hoping that BMW Yuebao 4S store can complete the solution measures, including car pick-up, refund, compensation and apology. However, according to car owners: after the incident, the BMW Yuebao 4S store conducted a negotiation and mediation with them, but the BMW Yuebao 4S store was only willing to compensate 1/10 of the loss amount, and the two sides did not agree.

According to an official at Yuebao 4S store, the victims' contracts are all fake seals, not the company's real seal, so they are not effective. It also revealed that on January 30, 2023, the company has received a letter from Yuncheng Police Station of Baiyun District Branch of Guangzhou Public Security Bureau to assist in the verification of suspected forged seals of suspect Zhang Wei. The content of the letter shows: "the police of our institute arrested Zhang Wei, a suspect suspected of fraud, and his confession signed a contract with customers privately using the forged seal of Guangdong Yuebao Automobile sales and Service Co., Ltd., and now the suspect Zhang Wei has been taken compulsory measures in accordance with the law."

In response to this matter, the staff of BMW Yuebao 4S store said in an interview with the media: "after learning the relevant situation, we immediately arranged for the staff to cooperate with the public security organs to investigate and collect evidence." it is preliminarily understood that 'Zhang' compiled a low price to replace a higher configuration vehicle, collected purchase tax and other excuses to defraud customers' vehicles, or asked some customers to transfer money to their personal accounts and forged agreement documents. The public security organs are still investigating and collecting evidence on the specific situation. " At the same time, it said: it has been actively appeasing the mood of the deceived car owners and cooperating with the police to learn more details of the case, so as to assist the police to recover customers' money and reduce their losses as soon as possible. The results of the investigation will eventually be subject to the police announcement. Brilliance BMW public relations official also said: "the specific situation of the case is communicated by BMW Yuebao 4S store, at the same time, we are also closely monitoring the situation of the case."

After the incident, BMW Yuebao 4S store said: the following adjustments have been made to the management process of customers and other business personnel who have signed the agreement, including: all customers who have signed the agreement are fully intervened by the sales supervisor to confirm the content of the agreement and to remind them of the payment; for customers entering the store, the supervisor of the sales consultant is fully involved in confirming the customer's car purchase or handling business matters. In the exhibition hall, after-sale, cashier and customer VIP rest area, the number of public signs increased from 23 to 46, reminding consumers to check the accuracy and completeness of the collection account when paying for a car.

In response to this matter, a lawyer pointed out that if consumers believe that the salesperson is qualified and has the authority to sell vehicles on behalf of the 4S store, it constitutes an apparent agent, and the contract formed is legal and valid and protected by law. After paying for the car, the consumer has fulfilled the contractual obligations, and the 4S store should deliver the vehicle, otherwise it constitutes a breach of contract, and the consumer can require it to bear the liability for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.

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