The price is reduced as soon as you take delivery of the car? Take these four steps well and avoid suffering the consequences of being dumb
Recently, the topic of "The price of the car was reduced by 17,000 yuan in the afternoon after a man bought a car" sparked heated discussion among netizens. The reason was that Mr. Wang purchased a car from a certain car brand. As a result, on the day he picked up the car, the 2024 model of the car was officially launched. Officially The price is reduced by 17,000 yuan. In other words, Mr. Wang not only bought an old model, but the price was also 17,000 yuan more expensive than the new model.
Faced with such a situation, do you think you are unlucky and suffer a "dumb loss"? Or should you argue your case and go to the store to ask for a termination of the contract or a refund? In this regard, Qin Pengbo, assistant judge of the People's Court of Haidian District, Beijing, said that the controversial point in such incidents is whether the merchant has violated the consumer's right to know and choose, and whether it constitutes consumer fraud. In order to avoid encountering similar problems, Qin Pengbo suggests that consumers who want to buy a car should do their homework in the following four aspects.
Ms. Zhang signed a "Car Subscription Agreement" with a car sales company. After paying the contract price, the car sales company delivered the vehicle to Ms. Zhang. Ten days later, the car brand released a new model. Compared with the old model purchased by Ms. Zhang, the configuration was improved, and the price was reduced by more than 20,000 yuan. Ms. Zhang believed that the salesperson had concealed the release time and price of the new model, and her behavior constituted fraud. She then filed a lawsuit in court, requiring the car sales company to pay three times the price difference for the price reduction after purchasing the vehicle.
The court held that Ms. Zhang failed to submit communication records showing that the salesperson made false statements to her, and could not find that the car sales company intentionally informed false facts or concealed facts. At the same time, vehicle price reductions are market behavior, and the car sales company's conclusion and performance of a contract with Ms. Zhang based on the market price at the time of the transaction before announcing the price reduction did not violate the general rules of market transactions. Accordingly, the court rejected Ms. Zhang’s claim.
Qin Pengbo said that due to the rapid iteration and technology update of new energy vehicles, it is easy for consumers to have a sense of imbalance of "the release of new cars and the elimination of old cars." Therefore, when purchasing a car, consumers must understand the market conditions and the release date of new cars by car manufacturers in advance to avoid disputes afterwards.
Mr. Zhu purchased a car from a car sales company. The two parties agreed in the contract that if the car sales company adjusts the vehicle guide price before the car is delivered, Mr. Zhu agrees that the sales price will be renegotiated accordingly, or he can also propose a refund. car, the original deposit will be refunded.
One month before the car was delivered, Mr. Zhu found out that the guide price of the model he purchased had been reduced by 3,000 yuan, so he negotiated with the car sales company to reduce the price. The company said that it could not reduce the price. Mr. Zhu's request to return the car was also rejected, so he filed a lawsuit with the court and requested the court. It is confirmed that the contract signed with the car sales company is terminated, and the car sales company will return the entire car purchase price, insurance premiums, decoration fees and other expenses. In the end, based on the prior agreement in the contract between the two parties, the court supported all of Mr. Zhu’s claims.
"If the contract stipulates a price guarantee clause similar to the above, the party concerned can claim to return the car or obtain compensation." Qin Pengbo said that the contract is an important legal basis for the parties to claim their rights. If you want to avoid the embarrassment of reducing the price after buying a car, In certain situations, you can set clear price guarantee clauses in the purchase contract in advance.
Ms. Wang purchased a car of a certain brand at a 4S store. The two parties did not sign a written sales contract. Ms. Wang paid a purchase price of 152,800 yuan. In addition to the car price, this price also included car navigation and other equipment and 20 times of basic maintenance. The unified motor vehicle sales invoice issued by the 4S store for Ms. Wang recorded the price of the vehicle as 143,800 yuan.
On the same day, Ms. Wang left the 4S store and returned again. She said that at a car exhibition not far from the 4S store, she saw a sales promotion for the same vehicle she purchased as "143800 Drive Home". Due to unsuccessful negotiations between the two parties, the vehicle has not been registered with the traffic control department. Subsequently, Ms. Wang filed a lawsuit on the grounds of a dispute over the validity of the contract, requesting the court to revoke the car sales contract between her and the 4S store.
The court held that Ms. Wang requested to rescind the contract on the grounds of fraud in the 4S store. Because the contract did not have the typical characteristics of civil fraud such as passing off inferior goods as good or passing off fakes as genuine, and the dispute between the two parties did not affect the fundamental purpose of the contract, it ruled to reject the contract. Ms. Wang’s claim.
Qin Pengbo pointed out that in practice, 4S stores should fulfill the obligations of operators and introduce to consumers in detail the sales process, vehicle models, performance, manufacturer-guided prices, etc., and clearly explain the transaction price to fully ensure that consumers are informed Right, choice. The 4S store was at fault in all the above aspects. As long as the contract is valid, Ms. Wang can require the 4S store to bear corresponding responsibilities according to law, but Ms. Wang did not claim compensation.
"In order to fully protect their legitimate rights and interests, consumers can claim preparatory claims in litigation." Qin Pengbo explained that if Ms. Wang's previous claim is not supported by the court, she can prepare to file a second claim. The court can choose the first litigation request for adjudication, and by analogy, the third and fourth preparatory litigation requests can be made. In the theory of procedural law, this kind of litigation claim is called a preparatory claim, which conforms to the principles of litigation convenience and economy.
Mr. Cao signed a "Car Sales Contract" with a car sales and service company, agreeing to purchase a car from the company. Later, the price of the car was reduced. Mr. Cao believed that the price reduction of the vehicle involved in the case had caused his losses, so he filed a lawsuit in court, claiming that the contract should be terminated and the deposit returned.
The court held that the two parties had made a clear agreement on the vehicle price in the contract, and Mr. Cao signed to confirm the price on the basis of clear knowledge of the vehicle price. After the car sales company took the vehicle back, it requested to terminate the contract based on price, which violated the principle of good faith. At the same time, Mr. Cao also failed to provide evidence to prove the fact that the price of the vehicle involved in the case was reduced and caused losses, and he should bear the burden of proof according to law. Therefore, Mr. Cao’s claim to terminate the contract and return the deposit lacked factual and legal basis, and was rejected by the court in accordance with the law.
Qin Pengbo explained that due to the relatively complex factors that make up the final transaction price of automobile terminal sales, we cannot only calculate the naked car price of the vehicle in the market, but also look at the package price. Generally, the package price includes national purchase tax, new car compulsory and commercial insurance, and vehicle and vessel use tax. , comes with new car premium products, etc. All the above expenses minus event discounts, etc. are the final transaction price. We cannot simply think that the price of the naked car in the new car market is lower than the final transaction price of the purchased vehicle, which means that the price has been reduced.
"It is equally important to cultivate the ability of consumers to provide evidence. It is necessary to retain the public information about the vehicle price of the car sales company when buying a car, and to understand what components make up the final transaction price." Qin Pengbo said, so that when you see a new car or Only after you reduce the price of the car can you clearly make a true comparison with the price you purchased the car. You will neither be deceived by the seller nor set your litigation expectations too high.
