Mode trades to let car source on two handcart net, buy the home more concentration, reduced current cost, went to the lavatory buyers and sellers, but meanwhile, issue of two handcart deal also happens from time to tome, initiate litigant dimension advantageous position.
■ details of a case is answered put
Zhao Mou trades in some two handcart platform took a fancy to a two handcart, with the car advocate Xu Mou and platform were signed " agreement of deposit of buying and selling " (buy car pattern contract namely) , this platform is returned at was being issued before change the name of owner in a register " reinspect a report " , show above, outside dividing partial exterior abrade, the motivation of car, change direction, the system such as transmission, brake all as good as of of short duration constant. City of peak of Inner Mongolia bare is about to be in car after Zhao Mou shifts a car change the name of owner in a register, but went up high speed discovers to there is abnormal knocking inside the car before long, to prevent danger happening, his nearby looked for a steam to build store, discover bearing of car front-wheel drive splits, and gear-box cannot rise archives, undertake repairing to car then and changed partial fittings. Be aimed at upkeep costs, two handcart trade inside the limits after the personnel after the carry out of platform states this is not making work, do not grant to compensate for. Zhao Mou appeals to to the court, think this platform is right car condition quality is concealed somewhat, seek redress upkeep more than yuan 10 thousand. After the court is tried, because of quote data indemonstrable place tells a fact, because this is right,entire lawsuit request of Zhao Mou did not grant to support.
■ judge view
Forensic cognizance thinks, the fact that party should hold to its provides evidence. In this case, if Zhao Mou advocates assembly of problem of quality of existence of experience case car, car needs,be maintained or change, should quote proof, will bear consequence of quote incapable law otherwise. Zhao Mou refers " maintenance is simple " did not carry Ming Weixiu to change the reason of the component, accordingly, cannot seeing is damage because of car assembly and undertake essential maintenance, before also cannot seeing maintenance and changing component are Zhao Mou shifts a car bad already, still be start off hind by caustic, some also did not refer Zhao to pay accordingly the proof such as bill its paid upkeep costs actually, accordingly, the court cannot support Zhao Mou's lawsuit to request.
Consumer is in buying and selling is secondhand when the car, want to affirm car condition makes deposit again above all, the car of the two handcart that buyer must affirm to place is bought first before paying each fee that buy a car besides quality, purchase fixed number of year, whether be accident car, whether illegal behavior had be notted handle etc. Next, if unreasonable be liking exists to expand in pattern contract,just trade the clause of the risk, consumer has authority to ask to undertake adjust and be modificationed to pattern contract provision. Finally, affirm two handcart trade even the condition that platform provides after service and flow. If two handcart trade,platform provides after service to what buyer buys car, criterion platform is accountability the requirement that tells its clearly to provide after service, content and newspaper repair means of flow, connection to wait, have guarantee accordingly card, guarantee of manual should extend to buyer. If car produces the case inside after service limits, buyer should depend on the newspaper that takes a picture to answer to overhaul way and technological process to trade platform newspaper is repaired.
Platform sells clause of type of car moral quality to be maintained to be false invalid■ details of a case is answered put
Ms. Zheng spent 90 thousand yuan to buy a two handcart through platform of some two handcart, appearance dial shows number of course of development of this car travel is 49 thousand kilometer. Two handcart platform is divided outside signing the contract that buy a car, still offerred as contract accessory, did not sign of affix one's seal " two handcart detect report " . Ms. Zheng sends car to 4S inn to make the discovery when detecting, this car already amounted to 98 thousand kilometer in the number of actual travel kilometer before half an year. She thinks this platform is put in fraudulent action to appeal to to the court, demand the other side pays 100 thousand yuan of compensation. Two handcart platform thinks, its are intermediary company only, the business contract that signs with accuser Ms. Zheng is to suffer sell the home actually to entrust. And detecting in the report, clear specification " detect the number of course of development that indicates in the report is reference only, number of incorrect and real course of development gives commitment. " the court thinks, two handcart trade platform is put in fraudulent action, its issue detect this clause in the report belongs to format clause, should maintain to disable, adjudicate the entire lawsuit that supported Ms. Zheng requests.
■ judge view
Pattern contract is to point to party is used to repeat and beforehand of protocol, be in conclude did not talk things over with the other side when the contract. Legal provision, offer format clause one party to have the obligation of clew, specification, ought to submit to to attention of the other side is absolved or restrict the item of its responsibility, give according to the requirement of the other side specification, absolve provide party of format clause one party main obligation, exclude a the opposing party the format clause of main right is invalid. In this case, platform home remedy absolved his to count negative some to assure actual liability to car course of development in trade, and did not offer evidence to prove to all already arrived to remind an attention or show obligation, this format clause is accordingly invalid.
Civil and fraudulent action is to point to establishing, in the change, process that ends civil rights and civil obligation, tell each other intentionally false circumstance, conceal true condition intentionally perhaps, prevail on the other side makes wrong denotive conduct. In this case, two handcart platform regards the manager that manages old motor vehicle technically as the company, have car relevant professional knowledge and detect ability, to its company place sells the fundamental condition of car ought to be known perfectly well, and have inform car to consumer the obligation of true condition, and its fail to allow to tell customer truly, belong to conceal true condition intentionally, consumer of deceit, misdirect buys experience case car, form con. Protect the regulation of the law according to rights and interests of our country consumer, operator provider is tasted or the service has fraudulent action, ought to increase the loss that recoups its to get according to the requirement of consumer, the amount that increases compensation buys the money paid for something purchased or received for something sold of commodity to perhaps accept 3 times of the charge of the service for consumer.
Buy a car to did not do change the name of owner in a register to must buy sheet for his behavior tardy however■ details of a case is answered put
Accuser Ding Mou receives telephone call of two handcart salesperson, a Biekekai that says somebody is about to buy his to be hanged on the net jumps over a car. Discuss through many, clinch a deal finally valence is 17000 yuan, the condition is the situation of violate the rules and regulations that buys a Liu Mou to assume car to exist. Subsequently, ding Mou should open the car a store about, through check car, liu Mou is bought certainly. In process of formalities of bilateral conduction change the name of owner in a register, liu some privately drives the car. Ding Mou appeals to to the court, ask Liu Mou assists formalities of conduction change the name of owner in a register, two handcart trade platform and Liu Mou recoup a loss 4500 yuan. The court adjudicates via cognizance Liu Mou assists Ding Mou to deal with formalities of car transfer ownership, recoup loss of the other side 1500 yuan.
■ judge view
In this case, both sides already made clear an agreement, after the contract is signed and sum pays trade inside 3 weekday after car money paid for something purchased or received for something sold, bilateral beard deals with formalities of change the name of owner in a register. Car business conduction transfer ownership is the obligation that both sides should use up, and because experience case car reachs relevant formalities all already consign Liu Mou, liu Mou ought to assist Ding Mou to deal with formalities of change the name of owner in a register as vendee. Because experience case car is undertaking violate the rules and regulations of the existence when buying and selling was not handled, ding Mou has certain fault to making cost record issue, he is said negotiate assumes violate the rules and regulations to support without evidence by Liu Mou at that time, because this court assumes proportion to its loss,give drink calm. Two handcart trade platform serves as facilitating Liu Mou of between two parties person and Ding Mou to reach business contract to concern only, had fulfilled end the contract that answers is compulsory, ding Mou asks its assume responsibility of breach of contract to be not had at the law according to, the court does not grant to support.
What the judge needs special reminder here is, two handcart buyers and sellers and platform ought to abide by a contract strictly to agree, the behavior that is oneself with respect to need otherwise buys sheet. The both sides in this case has not deal with formalities of change the name of owner in a register, ding Mou be about to car is all formalities and the other side of car key consign, its also have due responsibility to the happening of dispute, behoove bears relevant law consequence.
