Have got the ownership of the vehicle and also sued for a car "buy a car and rent a car"? The court rejected all its claims
China-Singapore Jingwei Client, April 17th Recently, the Yuhang District Court of Hangzhou City ruled on a case involving automobile financing and leasing business. Dong Mouying, who lives in Huaiji County, Guangdong Province, sued the court for the problems of "promotion of alleged fraud" and "disturbing the normal order of the market". In the first-instance judgment, the court ruled that the allegations were untrue and rejected all Dong Dongying's claims.
According to the verdict, Dong Mouying had been fully aware of and agreed with this model while enjoying a car leasing service, and Dong Mouying's reasons for claiming that Dasou Che had frauds were not supported by the court.
User complaint: I do n’t know the first year ’s rental attributes of the product
The verdict shows that on August 26, 2018, Dong Mouying ordered a Nissan LANNIA Bluebird 2016 car at Tmall's "Flag Car Auto Flagship Store", and agreed that the plan is to use the financial leasing method of car purchase, first rent for 12 months The payment method is "down payment + monthly payment". Dong Mouying can check the signed financial lease electronic contract at any time through the Tmall APP.
After paying 12 installments of rent, on August 21, 2019, Dong Mouying signed the "Vehicle Finance Lease Contract Sale and Leaseback" agreement, which continued to use the vehicle in a sale and leaseback model and obtained vehicle ownership. However, after obtaining the ownership of the vehicle, Dong Mouying believed that Dasuo Che did not inform the above vehicle that it was a financial lease relationship rather than a sale and purchase relationship. The use of the vehicle in the form of "sales and leaseback" was not a lawsuit in Yuhang District Court Soso, asked the court to find the agreement invalid, and asked Soso to refund the down payment, monthly rent, insurance premiums, and the remaining payment, and demanded compensation of 52,876 yuan.
The court ruled that all allegations are untrue
Dong Mouying said in the complaint that when he placed the order, he did not sign any agreements and contracts, or even knew that there was a contract. However, the verdict shows that all of the situations proposed by Dong Mouying are contrary to the facts. The court held that after Dong Mouying placed an order on Tmall, the order details clearly showed the agreement signed between Dong Mouying and Dousou. The agreement clearly stated that "you confirm this agreement through the web page process, which means that you and The merchant has reached an agreement and agreed to accept the entire contents of this agreement ", Dong Mouying must check the agreement before completing the order.
The court held that Dong Mouying believed that "the signing process must be agreed before proceeding to the next step", and checked and agreed to the above agreement before placing the order. It was an offer for Dasouche to release vehicle information in the shop in question. Dong Mouying It is a commitment to choose to agree to the agreement and finally place an order to pay the down payment. The above agreement has already been established. The court did not support Dong Mouying's claim that the agreement was not established without its signature.
In the "Facts and Reasons for Prosecution", Dong Mouying also claimed that Dasou car "is a fraudulent or misleading propaganda of goods that is suspected of fraud, infringing the plaintiff's right to fair trade and the right to know as a consumer", "the propaganda language Violation of the relevant provisions of the Advertising Law. "
According to the judgment, the court found that "Dong Mouying's claim that Dasou Che has fraudulent reasons cannot be established." After analyzing the actual situation, the court held that: First of all, Dong Mouying admitted that the transaction process involved was that he first selected the vehicle model, determined the plan and then placed an order to purchase, clearly knowing that the plan was a down payment, monthly payment and one-off payment after expiration or The vehicle ownership is paid in three years, and the car purchase order submitted by it also specifies the first year including the down payment monthly payment and the specific amount of the last car purchase. It can be seen that Dong Mouying knew the transaction mode before placing the order, and There is no deliberate concealment of Dasou car; secondly, the ownership of the vehicle is registered under the name of Dasou car company, which can be known from many aspects such as vehicle registration certificate and driving certificate. Dong Mouying should also know that it is a non-professional The unclear understanding of the nature of the legal relationship of the contract involved by the legal person does not equate to the fraud of Dasou Automobile; third, no matter what the legal relationship is, it does not materially affect Dong ’s rights. According to the contract, Dong Mouying paid the first payment and 12 monthly rents and finally paid the final payment to obtain vehicle ownership, which is consistent with the expectations of the transaction. In fact, Dong Mouying has also paid by choosing to apply for a three-year loan Obtain the vehicle ownership by the last payment of the vehicle; finally, Dong Mouying, as a person with full civil capacity, should make a reasonable assessment and judgment of his performance ability before the transaction to consume cautiously, and his own judgment should be at his own risk , And its unfavourable behavior of following suit due to unclear understanding of the legal relationship of the contract.
In the end, the court found that Dong Mouying ’s claim that Dasou Che had fraud was unfounded, and the court did not support it. The court refused to support Dong Mouying ’s claim to return all paid items, compensation for losses, and the joint reimbursement of Souse.com and Souse, dismissing the plaintiff Dong Mouying ’s lawsuit and assuming The case acceptance fee is 4,394 yuan.
Looking at Auto Finance Leasing through Disputes: The Legal Definition Is Clear and Improves the Public Happiness Index
In recent years, as the financial leasing model has become popular in the automobile consumer market, more and more people have chosen to buy cars in this way. At the same time, some disputes will be highlighted. Several major auto finance leasing platforms such as Maodou New Car and Peanut Good Car have experienced similar lawsuits or reports. But like the Dong Mouying case in this judgment, the vast majority of users who initiated the lawsuit breached the contract first or the allegations were false, and the claims in the prosecution will not be supported by the court.
From a legal point of view, there is a legal basis for the success of the auto finance leasing platform. First of all, in Chapter 14 of the "Contract Law" on the financial lease contract, Article 237 defines the financial lease contract: the lessor purchases from the seller based on the lessee ’s choice of the seller and the leased property Leases are provided to the lessee for use, and the lessee pays the rent contract. In addition, according to Article 20 of the Interpretation of the Supreme People ’s Court on the Applicable Legal Issues in the Trial of Financial Leasing Contract Dispute Cases, the lessee shall perform the payment of the rent obligation overdue or delay in performing other payment obligations. If a person pays overdue interest and corresponding liquidated damages, the people's court shall support it.
At the actual jurisprudence level, a piece of statistical data from the Alpha database shows that in the past ten years, there have been 1,061 judges related to automobile financing leases in the Shanghai court system, of which more than 90% are because the lessee did not pay to the financial leasing company according to the contract. Rent triggered. According to the statistics of the judgment results of the 1061 judgment documents mentioned above, it can be found that the court supports most of the claims of the financial leasing company. The judgment user, that is, the lessee, needs to return the vehicle and pay the rent, late fee and compensation for the loss.
At this point, the legal definition of the car finance leasing model is very clear. Its early lease attributes are legally recognized. Consumers deny the substance of car purchases on the basis of the first year of the product ’s lease period. The electronic contract signed with consumers about the transfer of vehicle property rights Related content is contrary.
In fact, regarding the typical controversy "the model of auto financing leasing is to buy or rent", the development of auto financing leasing has now entered the track of legal compliance, and users can fully perceive its true nature during the car purchase process. For example, on the official page of the official app and its flagship store product page of the car rental platform, there are clear reminders for the introduction of auto finance leasing products and key precautions. The words "financial leasing" appear in the contract agreement many times, clearly introducing the financial leasing model And the customer enjoys the ownership agreement after the performance of the contract. The terms "down payment" and "monthly payment" also clearly show the first year ’s rental attributes of the product. During the signing of the contract, the car will also be reminded of the key product information. ——It can be said that playing a car has helped and confirmed consumers 'understanding and acceptance of the car financing leasing model from all aspects and angles, which has well protected consumers' right to know. At this time, it is not common sense for users to file a lawsuit on the grounds of false propaganda on the platform, and it is unclear whether it is rent or purchase, and of course, they will not receive the support of the court.
In addition, the data shows that since the launch of the car, it has provided services to 400,000 users, of which 200,000 users have already obtained car ownership after the end of the lease period, and other users are within the contract execution period, which also proves again: The car leasing model "10% down payment, first lease before buying", the monthly lease payment in the first year of the lease period to obtain the right to use the vehicle, after the end of the lease period, you can get the vehicle property rights by paying the final payment, which is indeed true Purchase a car instead of renting a car. Industry insiders also remind consumers to make good use of the car finance leasing model. Because the threshold for buying cars is greatly reduced, young people who have insufficient cash but stable jobs, and business people who are sensitive to cash flow can enjoy car life in advance in this way. . (Sino-Singapore Jingwei app)
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