Auto consumer disputes are prone to occur, pay attention to avoiding pits-
buy a car
, keep your
eyes open, and choose carefully
Our reporter Li Wanxiang intern Niu Yingbo
Auto consumption is becoming more and more common, and at the same time, auto consumption disputes have become prone to problems.
According to statistics from the Beijing Second Intermediate People's Court, from 2018 to 2020, among the motor vehicle transaction dispute cases concluded by this court, automobile consumption cases accounted for 70%.
According to the judge handling the case, the situation of "agreeing a high allocation and delivering a low allocation" is more common in automobile consumer disputes.
For example, in one case, a consumer signed a contract with a car sales company, agreeing to purchase a new energy car with a price of 138,300 yuan.
The promotional color page shows that the vehicle has a cruising range of 501 kilometers.
After picking up the car, consumers found that the actual cruising range indicated on the vehicle certification document was 476 kilometers.
The cruising range of an electric vehicle is an important indicator to measure the value of a vehicle, and it is also an important factor considered by consumers when buying.
Consumers believed that the car sales company's practices were false propaganda, so they went to the court to sue the company.
The court found that the automobile sales company had violated the contract by delivering a vehicle with a configuration lower than that agreed by both parties without fully informing the consumer.
The trial cycle of automobile consumer cases is generally longer than that of other consumer rights cases.
According to the judge handling the case, automobile consumption has the characteristics of high product value, complex technical operations, multiple transaction procedures, and long after-sales service cycle. In addition, the information asymmetry among producers, sellers, and consumers makes consumers often in a disadvantaged position.
For example, a car purchase contract is an important basis for consumers to claim rights.
However, in automobile consumption, consumers often do not have sufficient professional knowledge, car purchase experience and legal awareness, and it is difficult to effectively distinguish the relevant provisions in the contract terms that are unfavorable to them.
For cases involving vehicle quality, the judge pointed out that such cases are much more complicated than pure sales contract disputes, because technical factors often require identification and testing to determine the problem.
In the process of consumer rights protection, whether it is evidence collection, identification, certification, responsibility determination, etc., it often takes a long time, which is time-consuming and laborious for rights defenders.
The court's investigation also found that in the second-hand car market, problems such as unclear sources of vehicles, unclear ownership, and failure to truthfully inform buyers of the vehicle information involved often become consumer traps.
It is understood that in the past three years, 45% of the second-hand car transaction cases tried by the Beijing Second Intermediate Court accounted for 45% of disputes over vehicle ownership.
The Civil Code stipulates that the ownership of a motor vehicle is transferred from the time it is delivered.
It's just that they cannot be sold to third parties without registration, and the true owner of the vehicle is often inconsistent with the registered owner, which makes it very easy to have ownership disputes in the repeated circulation of second-hand vehicles.
Once a second-hand car ownership dispute occurs, consumers will not be able to use the car.
Therefore, the judge reminded that when consumers buy second-hand cars, in addition to paying attention to the quality and appearance of the vehicle, they should also pay attention to reviewing the ownership of the vehicle, carefully checking the relevant certificates and rights of the vehicle, and try to avoid buying multiple transfers and unclear ownership. vehicle.
Numerous cases remind consumers that they must pay attention to the risks of automobile consumption.
First of all, we must keep our eyes open and buy cars through formal channels.
The judge suggested that consumers should keep important evidence in the process of vehicle purchase and use while carefully selecting vehicles.
The promise made by the seller needs to be clarified in the written contract, and the specific issues of particular concern to the seller should be clearly stipulated.
The judge suggested that the supervision of the used car trading market should be strengthened, and disputes should be resolved first.
Relevant departments should formulate a unified standard contract text, further clarify industry standards and strengthen supervision, regulate market behavior, provide convenience for consumer inquiries, and make car consumption more assured.
Our reporter Li Wanxiang and intern Niu Yingbo
Our reporter Li Wanxiang and intern Niu Yingbo