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At the end of 2018, Mr. Li, who lives in Changsha, Hunan Province, bought a used BMW from a second-hand dealer in Xianglong Chesheng, Changsha County. Soon after, Mr. Li found that the mileage of the car had been adjusted by nearly 10,000 kilometers. Mr. Li sued the used car dealer to the local court, which finally ruled that the car dealer did not constitute fraud. Mr. Li felt very confused. Let's take a look at what happened:

On November 26, 2018, Mr. Li spent 180000 yuan on a BMW X5 used car shipped in 2008 at the Xianglong car dealership in Changsha County, Hunan Province, with a mileage of 131800 kilometers. Mr. Li said that when I bought the car, I spent more than 180000 yuan and actually paid 194000 yuan. The down payment is 70,000 yuan.

Shortly after the purchase, Mr. Li found that the car had a strong jitter as it accelerated. The dealer of the car dealer told him that the car had been idle for too long and that it would be normal to drive it for a while. However, after several days of normal driving, Mr. Li found that the situation had not improved.

On December 23, Mr. Li drove his car to the 4S store for inspection. 4S store maintenance records show that the car experienced mileage changes in 2015. According to judgment, between January 15, 2015 and October 10, 2015, the mileage involved in the vehicle has changed abnormally (from 228378 km to 128551 km). If the average mileage of the six years before the mileage is taken as a parameter, 4S store staff estimate that the car has run at least 370000 km. "

In the purchase contract, Xianglong Cesheng used car dealers clearly stipulated in Article 2 of the supplementary agreement: "there is no major accident, no water, no fire, and 131800 kilometers of mileage." "is this not fraud? Mr. Li thought the car dealer knew the mileage had been modified, but he didn't tell the truth. He even wrote a contract that was completely inconsistent with the actual situation. Therefore, he sued the Xianglong Chesheng used car dealer to the people's Court of Changsha County, Hunan Province.

Mr. Li asked Xianglong Chesheng second-hand dealers to cancel the original car purchase contract, refund his own car purchase of 180000 yuan, and supplement compensation of 540000 yuan three times. in addition, Xianglong Chesheng second-hand dealers should also compensate him for insurance losses and maintenance costs. The total cost is 28112 yuan; the litigation costs in this case shall be borne by the defendant Xianglong Chesheng second-hand dealer.

According to the judgment of the people's Court of Changsha County, Hunan Province, most of Mr. Li's appeals were not supported by the court. However, the court ordered Xianglong Chesheng second-hand dealers to compensate Mr. Li 20,000 yuan within 10 days after the judgment came into effect.

According to the judgment, the court ruled on the grounds that used cars were extremely prone to disputes in the course of the transaction, especially because the actual mileage was inconsistent with the displayed mileage. In this case, it is not common to determine whether fraud can be considered. It should be judged according to whether the operator has subjective intention, whether it exceeds the psychological bearing capacity of ordinary consumers, and whether it involves consumers' personal safety or substantive property rights.

The original judgment was about "whether there is subjective intention". In the judgment, the court made the following statement: Xianglong Chesheng second-hand dealers bought disputed vehicles from Xianglong high-quality used car dealers in Changsha County at a price of 185000 yuan in 2018. Mr. Li found that the mileage of the vehicle involved had changed in 2015. According to the judgment of the abnormal mileage difference between the vehicle and the vehicle, Xianglong Cesheng second-hand car company does not misstate the situation or deliberately conceal the real situation of the vehicle in the subjective behavior.

However, the court also pointed out in the judgment that Xianglong Cesheng used car dealers should inform Mr. Li of the vehicle information in a more direct and clear way before the vehicle is delivered, which will have a certain impact on consumers. The seller has the right to know.

In the end, the court ruled that the Xianglong Cesheng used car dealer did not constitute fraud, so the court did not support Mr. Li's three refund applications.

As for why car dealers still need to pay 20,000 yuan in compensation, the explanation in the judgment is: fully understand the basic situation of the case, and take into account the common problems of unclear charging items in the process. Buy and sell used car loans. The used car dealer compensated for the total loss of 20,000 yuan.

The court advised consumers to check the condition of the car when buying the car to avoid disputes. Mr. Li expressed great dissatisfaction with the verdict. Consumers should carefully check the wear and tear of vehicle parts or check the vehicle maintenance, maintenance and insurance records left by 4S stores and third-party platforms, the court wrote in its judgment. If necessary, ask professionals to conduct tests to confirm the actual mileage of the vehicle to avoid disputes.

Mr. Li said, "if consumers do not have the ability, time or energy to do self-examination, will they admit their own bad luck?"

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