If you want to regret buying a used car, can you revoke the contract?The court was sentenced

"Second -hand Maserati, boutique, car, and lower than market price ..." Is it very attractive for those who buy car purchase? No, Wang was excited under such an advertising offensive. However, it didn't take long before the car was lifted. Wang applied to the court to revoke the contract through a major accident and suspect that the vehicle had had a major accident. Can you get support? Recently, the Guangzhou Baiyun Court concluded a dispute over the purchase of used cars.

Retrospective

Wang bought a second -hand Maserati car at a price below the market price. Soon after picking up the car, he suspected that the vehicle had a major flaw through the Internet. He said that the seller did not tell truthfully when he was sold, so he filed a lawsuit with the court.

The plaintiff Wang claimed: "I bought this car from the company, and Huang was a salesperson of Qimou. I communicated with Huang to buy a car, choose a vehicle, and pay Guo in accordance with Huang's request. I bought all the car. However, shortly after the car was lifted, I found that the car had had a major accident and maintained major maintenance. Qimou Company had to conceal the major quality problems of the vehicle sold in me. To this end The contract, the defendant Qimou company, Huang, and Guo returned the car to buy the car, I will refund the vehicle. "

In the face of the complaint, the defendant Qimou argued that he had never sold the vehicle involved in the case from Wang, and did not receive the car purchase fund. There was no relationship between the two parties.

The defendant Huang argued that he did not deal with the vehicle with Wang in the case, and there was no relationship between the two parties.

Referee result

Was the plaintiff Wang and the defendant Qimou or Huang set up a vehicle trading relationship?

After hearing, the court believed that, first of all, the plaintiff claimed that the vehicle involved in the vehicle was purchased by Huang by Huang, but failed to submit a written contract or other evidence to confirm that it had a vehicle buying and selling contract with Huang and Qimou. Although the plaintiff claimed that the department paid the car purchase payment to Guo, it did not submit sufficient evidence to confirm that the money was paid by the defendant Huang and Qimou's instructions to Guo.

Secondly, even though Huang was a counterparty for the transaction of the vehicle -involved vehicle sales relationship and had collected the car purchase model, the key to whether the plaintiff could ask for the cancellation of the sales contract was whether Huang had fraud when selling the vehicle involved in the case. In this case, the plaintiff stated that it had a major accident and major maintenance in a certain app inquiry that the vehicle involved in the case had had a major accident before sale, but Huang did not tell truthfully when selling.

In this regard, the court believes that, first of all, the screenshot of an app submitted by the plaintiff did not display the frame number, which was not enough to confirm the maintenance problem displayed in the screenshot. Secondly, the transaction amount of the vehicle involved in the case is large. The plaintiff should fully understand the specific situation of the vehicle before the transaction. There is no evidence in this case to prove that the plaintiff's selection, acceptance and car lifting of the vehicle involved in the case violates its true truth. Representation.

Furthermore, when the plaintiff was involved in the vehicle involved in the purchase case, there was no evidence to confirm that it had the quality standard of the vehicle agreed with the derivative of the transaction, and when the vehicle trading contract was established, the plaintiff already knew that the vehicle had been used for the second -hand car for some time for others. Therefore, the quality standards for delivery of vehicles cannot refer to national standards or industry standards, but should be fulfilled at the purpose of the contract.

In this case, the vehicle certificate purchased by the plaintiff is complete. The registration time for the vehicle is November 14, 2018. When the plaintiff decided to buy the vehicle in December 2018, the vehicle's license time was only one month. The plaintiff was lower than the market than the market than the market. The price of one -third of the price was involved in the vehicle. The plaintiff advocated that it did not know that there were major flaws involving vehicles involved in the case when purchasing, which did not meet common sense.

To this end, even if it is determined that Huang is a counterparty for the buying and selling contract, according to the evidence submitted by the parties and the facts that have been found, it is impossible to determine that Huang has the intention of fraud. Licensed requests lack the factual basis and should not be supported.

The court made a verdict in accordance with the law: rejected the plaintiff's litigation request. The case has come into effect.

Points! Pay attention to the following points to buy used cars

In modern life, cars have become an important means of transportation for people's daily travel. With the change of consumer concepts, second -hand cars with high cost -effectiveness have also become more and more popular with consumers.

However, the irregularity of the second -hand car market and the unclear information of the car conditions have made there many risks in second -hand car transactions. There are many traps in the second -hand car market, and consumers need to be cautious when buying cars.

To this end, the judge specifically reminds consumers to pay attention to the following matters when buying used cars:

1. When buying a car, try to choose a sales platform or company with sales qualifications to ensure the source, quality and after -sales service of the vehicle.

2. Carefully check the legal procedures of the vehicle when choosing a car, including the vehicle registration certificate, qualification certificate, driving license and other relevant licenses. Do not purchase second -hand vehicles due to the insufficient purchase certificate.

3. During the vehicle inspection, the seller is required to provide a vehicle inspection report, and invite friends with relevant car inspection experience to help the car inspection; sign a written car purchase contract and clearly record the specific state of the vehicle in the contract, such as the mileage of the vehicle, whether there is any mileage, whether there is any mileage, whether An accident such as major accidents, blisters, fire burning, and promised their authenticity to guarantee the liability for breach of contract.

4. Establish awareness of rights protection, preserve car purchase vouchers, and vehicle maintenance, maintenance records, etc., so that there will be sufficient evidence to verify in the later period of rights.

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