Zhang Xuehong of reporter of learn on job of Huang Jie of reporter of daily of author legal system
Court of the 2nd intermediate people announces Beijing 12 days, since 2015, knot of this courtyard careful is secondhand car consumer dimension authority case 25, among them, consumer of nearly half case appeals to beg 3 times money paid for something purchased or received for something sold to punish sexual compensation. Since this year, this kind of dispute presents rapidder growth state, car cannot the main reason that flaw of change the name of owner in a register, quality and car authority belong to dispute is dispute generation.
According to introducing, two handcart trade to sign business contract by consumer and enterprise of two handcart distribute first normally, appoint car to register person and consumer to deal with car move to register by enterprise of two handcart distribute again. In 25 cases, 16 consumer sues company of two handcart distribute, 9 sue car to register a person, among them 4 consumer sues old motor vehicle to trade at the same time the market, requirement market and distribute enterprise assume joint liability. Majority consumer buys car to need for individual life, dimension right subject is average consumer, have not give in-service course of study to make the case that dummy thought fors the time being at present.
According to Beijing kingdom of 2 quadrangle judge just introduces, in this kind of case, consumer dimension authority appeals to beg relatively concentration, include in order to sell person be put in fraudulent action or for primary beak a contract, requirement cancel or remove cost of tax of compensation of the person that the contract retreats car refund; to ask to sell, insurance premium, upkeep, detect cost hand in easy loss; in order to sell person for existence fraudulent action, requirement the castigatory sex compensation of 3 times money paid for something purchased or received for something sold. Dispute arises cause of formation to basically car does not have legal proof file, bring about cannot flaw of quality of existence of car of; of change the name of owner in a register, when consumer buys a car, did not learn, if car is used, repair, accident, examine circumstance department passes experience the important information of two handcart quality, the person that sell was not informed according to the facts to consumer cause dispute thereby, car presence power belongs to dispute, by other obligee forcibly resumptive wait.
Together two handcart company conceals grave accident information, operator to ask case of 3 times compensation is medium, company of Zhao Mou and some two handcart signs agreement to agree, two handcart company bears cost of change the name of owner in a register, ensure this car does not have accident of great liaison man. Subsequently, zhao Mou pays 330 thousand yuan of money that buy a car, delivery of two handcart company car, car transfer ownership comes Zhao Mou under one's name. Who knows car to use appear before long breakdown, zhao Mou entrusts appraisal company to have identification to car, appraisal conclusion is accident car for this car, belong to spend class A to hurt damage level again. Zhao Mou sues contract of request cancel business to the court then, two handcart company, trade the market returns 330 thousand yuan of money that buy a car jointly, assume cost of 5000 yuan of appraisal and compensation jointly 3 times compensation.
Forensic cognizance thinks, experience case car ever had produced accident of great liaison man, two handcart company regards major as company of two handcart distribute the car to this car besides ought to know perfectly well, and two handcart company is in when signing an agreement, the car to experience case car besides specific commitment " protect this car not to have accident of great liaison man " , enough buys car to cause misdirect to Zhao Mou, accordingly the behavior of two handcart company is formed con, the court asks to Zhao Mou the lawsuit of cancel business contract requests to give support.
The court thinks at the same time, trade the one party party that the market is not car business, and nonexistent in process of conduction car transfer ownership fault. Accordingly, to Zhao Mou the view trades the litigant request that the market assumes joint liability does not grant to support. Accordingly, the court adjudicates cancel business contract, two handcart company is returned return Zhao Mou 330 thousand yuan of money that buy a car, compensation cost of 5000 yuan of appraisal and Zhao Mou of; of 3 times compensation are returned return car of case of experience of two handcart company to give pay 60 thousand yuan of car to use fee.
Judge clew, consumer should buy a car from normal channel, because covet is cheap,avoid and buy problem car. Before buying, should father examine car procedures, the person that the requirement is sold signs detailed written contract, make clear car the information such as limits of car age, real course of development, technical condition, accident, main configuration, the verbal commitment of the person that sell should write a contract. The person of the person that sell and car that register is abhorrent, the person that should ask to sell, person that register makes written commitment, make clear the obligation that oneself should assume and responsibility. In addition, the person that still should ask to sell offers car maintenance, maintain, insurance record, check car key place in detail, entrust professional orgnaization to undertake detecting when necessary. Enterprise of two handcart distribute answers the lawful origin of two hand car to undertake be checkupped strictly, sell the person is as abhorrent as the person that register, should ask to sell the person offers the right lawful origin proof. Establish car condition record even, tell customer with written means the actual content in car condition archives. In conclude with consumer when written contract, should agree in detail bilateral right, compulsory, responsibility, format clause should hint consumer notices and explain.
