A man in Putian spent 480,000 yuan to buy a "major accident car".

The second -hand BMW car bought by 480,000 yuan has a major accident record. The buyer found that the problem request to refund the car to refund the car and resort to the law. Recently, the People's Court of the Hanjiang District of Putian City made a judgment on the case. The vehicle direct seller Mr. Li and Putian Wanyou Automobile Trading Co., Ltd. (hereinafter referred to as "Wanyou Automobile Company") should return the car to the buyer Zhuang 480,000 yuan and corresponding interest.

The case involved in the second -hand BMW vehicle

Plaintiff: The car dealer deliberately concealed the fact that the car is sold and refused to refund

According to the judgment of the electronic file court provided by Mr. Zhuang, he complained that he had to purchase a small white BMW car from Wanyou Motor Company on April 24, 2021, which was negotiated with Mr. Li to confirm the car purchase. Mr. Li told Mr. Zhuang that the vehicle had only changed one lamp and a small amount of paint, and the other vehicles were in good condition and had no other damage maintenance. The facts of the accident car.

Screenshot of the chat records provided by Mr. Zhuang

Mr. Zhuang said that based on Mr. Li's fictional vehicle condition, he purchased the case from Mr. Li. The two parties were 480,000 yuan at the total price, the recovery price of 460,000 yuan before December 2021, and the recovery price of 440,000 yuan after 2022 Reach the intention. After that, Mr. Zhuang signed a "Second Mobile Motor Transfer Contract" with Mr. Lin (intermediary) in accordance with Mr. Li's instructions, and paid Mr. Li to 480,000 yuan in car purchase. In November 2021, Mr. Zhuang discovered that the car was a major accident vehicle and immediately negotiated with Mr. Li to terminate the contract, but Mr. Li refused to return to the purchase of the car.

Mr. Zhuang believes that Mr. Li deliberately concealed the fact that the vehicle was a heavy accident car, which harmed his legitimate rights and interests. A partner of Li Moumou in Xiamen, a seller involved in the name of the vehicle involved in the case, should bear the joint repayment responsibility, so he sued the Hanjiang District People's Court. After the Hanjiang District People's Court filed a case on December 13, 2021, the general procedure was applied in accordance with the law, and the trial was opened publicly.

"Second Mobile Motor Transfer Contract"

Mr. Li: There is no relationship between the two parties, there is no concealment of the car condition

In the response, Mr. Li said that Mr. Zhuang (buyer) did not sign a contract with him, but signed a contract with Fanmou (seller), and (intermediary) was Lin Moumou. At that time, after he published a car source information in the circle of friends, Mr. Zhuang took the initiative to find him to understand the situation. Later, he introduced Lin Moumou to Mr. Zhuang. After Mr. Zhuang himself went to Xiamen to see the car and confirmed the condition of the car, he Fan Moumou, and the Fanmou, and the Fanmou, and the Fanmou, the Fanmou, Lin Moumou signed a vehicle transfer contract and never participated. Mr. Li believes that there is no contract relationship between him and Mr. Zhuang, and there is no fact that the condition of concealment of the vehicle.

In addition, Mr. Li believes that Mr. Zhuang is engaged in second -hand car business activities and identifies the vehicle's ability than ordinary people. After watching the car on the spot and picking up the car, it shows that the vehicle has fully understood the vehicle. Regarding the third -party test report provided by Mr. Zhuang, Mr. Li believes that he is not credible and should not be accepted.

The Straits Herald reporter interviewed Mr. Li last year. At that time, Mr. Li said that he was just an intermediary. He earned 3,000 yuan of intermediary fees. The car condition introduced with Mr. Zhuang was the information provided by Xiamen. He turned out immediately.

Fanmou said that it was the original owner of the vehicle involved in the case, but did not know the parties including Mr. Zhuang, and did not sign a contract with Mr. Zhuang. The "seller" signature on the contract was not signed. Others sold the case involved in the car, nor did they receive the car purchase payment paid by Mr. Zhuang, which was not related to the incident.

The defendant Lin Moumou did not respond.

Wanyou Motor Company said that Mr. Zhuang signed a vehicle transfer contract with Fanmou. It was not a contract party. I have not received Mr. Zhuang's car purchase.

In addition, Wanyou Motor Company believes that Mr. Zhuang does not find out the truth, and subjectively directly predetermines the fraudulent customers of Wanyou Motor Company, and scattered unrealistic words and videos on the online platform. The gentleman assumes relevant responsibilities such as infringement of reputation.

Transfer records provided by Mr. Zhuang

According to the trial of the Hanjiang District Court, the parties entered into a contract with written form, verbal form and other forms. There is no written contract between the parties, and the transaction method, trading habits and other relevant evidence between the parties should be determined to determine whether the contract is established. Whether the parties constitute the relationship between the sale and selling contract shall be determined from whether the two parties reach the sale and sale, whether the price payment is paid, and the cargo transfer behavior.

The court believes that from the WeChat chat content of Mr. Zhuang and Mr. Li, it can be seen that the two parties have reached an agreement on the vehicle involved in the purchase case. For 480,000 yuan, Mr. Zhuang also went to Xiamen to pick up the car in accordance with Mr. Li's arrangement. Wanyou Motor's business scope is old car, retail of new cars, and car rental. During the trial, Wanyou Automobile Company and Mr. Li both recognized Mr. Li's employees of Wanyou Motor Company. Other personnel of Wanyou Motor Company published the case in the circle of friends involved in the success of the vehicle sales. The above behavior can determine that Wanyou Motor Company's behavior of Mr. Li's sales of vehicles is known and recognized. The trust, qualifications of the car company, and the choice of vehicles involved in the case under Mr. Li's sales commitment, Wanyou Motor Company should bear legal responsibility for Mr. Li's sales behavior. Comprehensive consideration of Mr. Li's actual collecting cases involved in the purchase of vehicles, and there were factors such as concealment of the car condition during the sales process. The judgment of Mr. Li and Wanyou Motor Company were more reasonable to bear the liability for compensation for Mr. Zhuang. According to evidence and witness testimony, when Mr. Zhuang purchased the case involved in the vehicle, Fanmou had delivered the case involved in the vehicle to others. There is a significant fault on the trading of the vehicle involved in the case, so Fanmou does not bear legal responsibility for the re -transfer of the vehicle involved in the case. Mr. Zhuang and Mr. Li negotiated the relevant matters involving the vehicle involved in the purchase case. After Mr. Zhuang paid a deposit of 10,000 yuan, the relationship between the sales contract with Wanyou Automobile Company had been established. The delivery of the vehicle to Mr. Zhuang, the act of performing the contract by the Wanyou Motor Company, does not affect the establishment of the relationship between the sales contract; Lin Moumou signed the "Second Mobile Motor Transfer Contract" as an intermediary. There is a direct relationship between trading and selling contracts. According to the principle of relative nature of the contract, Mr. Zhuang should claim rights to the counterparts of the buying and selling contract, namely Wanyou Motor Company.

Regarding the issue of Mr. Zhuang's request to refund the car purchase 480,000 yuan and corresponding interest, according to Article 14, paragraph 1, paragraph 1 of the "Second -hand Car Transaction Specification" of the Ministry of Commerce, "Second -hand car dealers sold used cars to the buyer, dealing "Detection and reserve", second -hand car operators are obliged to be able to understand the major flaws that may exist in the vehicle. In the process of used car transactions, consumers' psychology is mainly to buy specific vehicles, focusing on the safety, usefulness, or use of the vehicle, or the use of the vehicle. Meet personalized needs. When Mr. Zhuang involved the vehicle involved in the purchase case, he repeatedly asked Mr. Li's vehicle condition involved in the vehicle. When Mr. Li promised that the vehicle involved in the case, there was only the problem of flaws of lamps, spray paint, and the vehicle that could be repurchased. The intention of the vehicle involved in the case, but in fact, the car involved in the vehicle is an accident car. The repurchase price promised by Mr. Li could not be realized. The original intention of the car purchase constituted a fundamental default. Mr. Zhuang had the right to ask Mr. Li and Wanyou Automobile Company to return 480,000 yuan to the car and the corresponding interest generated.

The People's Court of Hanjiang District ruled that Mr. Li and Wanyou Automobile Company should return 480,000 yuan to Mr. Zhuang, and from December 13, 2021 to the date of repayment of the payment, the borrowing of the national inter -bank industry during the same period The interest of the one -year loan market quotation interest rate calculated by the center announced.

On the afternoon of August 18th, the Straits Herald reporter contacted Mr. Li again. He said that he did not receive the court's judgment at present, and said that if it was the result of the judgment, he would choose to appeal.

(Straits Herald reporter Wang Longfeng)

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