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Due to the disaster caused by the financial service fee, the owner of BMW sued the 4S store for a refund

2024-09-17 Update From: AutoBeta autobeta NAV: AutoBeta > News >

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AutoBeta(AutoBeta.net)06/26 Report--

Some time ago, the incident of safeguarding the rights of Mercedes-Benz owners, which was so noisy, made the term financial service fee formally come into the eyes of consumers, and the question of "financial service fee" made many consumers confused. Since the "financial service fee" of Mercedes-Benz owners has been refunded, the fee charged for buying a car should also be refundable. Mr. Zhao, the owner of a car in Xi'an, after seeing the news about financial service fees, also felt that the financial service fees he had been charged were unreasonable, so he recently filed a lawsuit with the court.

In May 2017, Mr. Zhao bought a BMW 118i sports car from Xi'an Zhongbao Automobile sales and Service Co., Ltd. According to Mr. Zhao, when buying a car, the salesperson at the 4S store told Mr. Zhao that if the car was bought in full, the cost would be more than 212,000, but there would be a discount of 10,000 yuan through a bank loan. So Mr. Zhao chose the way of bank loan.

Later, after inquiry, it was found that there was a service charge of more than 6,000 yuan in the middle of the 4S store. At that time, Mr. Zhao thought that the service fee was collected by the bank. Later, the bank staff said that the fee had nothing to do with them, which was only unilaterally charged by the 4S store.

Mr. Zhao questioned this: the business scope of Zhongbao carriage does not include financial services, and consumers are not clearly informed of this fee. Therefore, he thinks that the fee charged by the 4S store is unreasonable. In addition, when buying a car, you also need to charge more than 12,000 yuan for the decoration of the vehicle, but the 4S store only provides film service to the vehicle and gives away a few floor mats. Mr. Zhao thinks that the decoration fee is too high.

Mr. Zhao then sued Xi'an Zhongbao Automobile sales and Service Co., Ltd. to the court, asking 4 stores to refund financial services fees and car decoration fees. However, the 4S store said that the service charge is a kind of intermediary service fee, which provides this kind of service to Mr. Zhao and allows Mr. Zhao to buy a car more preferably. According to the relevant provisions of the contract Law, "if the broker facilitates the establishment of the contract, the client shall pay the remuneration in accordance with the agreement." Even if the two parties did not sign the intermediary service contract, but the two sides verbally confirmed the intermediary remuneration, so Mr. Zhao is fully aware of and agreed to this service.

In addition, the 4S store has actually provided boutique decoration services and issued a VAT invoice of 12500 yuan for Mr. Zhao. The contract has been completed for two years and should not be refunded.

Finally, the case will be sentenced at an appointed time. The collection of financial service fees has been interpreted by lawyers before. From the standpoint of consumers, 4S stores should explain every fee when buying a car to consumers in detail, so that consumers can clearly understand the context of each fee. Or the result of this case may affect other consumers who have been charged for financial services when buying cars in the past, and it will also be a wake-up call to other 4S stores.

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