With the popularity of automobiles, many people have set their sights on cost-effective second-hand cars. However, due to the particularity of second-hand cars, information asymmetry often leads to related legal disputes. Recently, Mr. Liu reported to the "First Live Room" column that the second-hand car he bought had an accident before, but he didn't know it.
Mr. Liu runs a late-night snack stall in Zhongkai. In 2016, he met Mr. Zeng at the stall and bought a second-hand BMW 5 Series car from the other party for 250,000 yuan.
Mr. Liu, owner of a second-hand car: This car is a 2012 car. One night, the owner was driving in my shop for supper, and I told him I liked this kind of car. He said that his car was going to be sold, so it would be better to sell it to you. I asked how much it was, and I didn't want a car with an accident. He said that everything was very beautiful, it had not been repaired, there were no accidents, and it was sold for 250,000 yuan.
Mr. Liu said that in the seven years since he bought the car, the vehicle has often broken down and needs to be repaired. So, he was ready to sell the used car. What he didn't expect was that when he sold the car, the vehicle was detected to be an accident car. As a result, it can't be sold.
Mr. Liu, owner of a second-hand car: There are more and more failures. Once I drove to Zhongkai, the car turned off the fire once on the road. Once when I drove at high speed, I couldn't lift the throttle. When I came back from my hometown this year, I went down a long slope and couldn't press the brakes. The cost of repairs is too high, it is close to 60,000, so I plan to sell it. I didn't expect the second-hand car agency to send me the inspection sheet, saying that this car had a major accident, and the main beam had been cut, and it couldn't be **.
According to the test report provided by Mr. Liu, in 2013, the vehicle had been repaired once, and the cost reached 1280,000 yuan, which happened before Mr. Liu bought the car. So, he asked the original owner, Mr. Zeng, about the situation.
Mr. Liu, owner of the second-hand car: He later admitted that his son had an accident while driving this car. I asked what to do with this car, and he never replied to my messages. I couldn't help it, so I asked the TV station to help me. My claim is for him to compensate me for my losses.
Later, the reporter also called ** to learn about the situation from the original owner, Mr. Zeng, and he said that there had indeed been an accident before, but it had been repaired. Besides, the car has been sold for so many years, and now he doesn't know what to do.
The original owner Mr. Zeng: My rear bumper was hit, but it has been replaced with a new one, and it is the original factory or a 4S store for a new one. After selling it to him, he has been driving it, and it has been more than ten years old now. Cars are aging, and there will be a lot of parts that need to be repaired. He's been driving longer than I've been driving in the past few years.
Although the current vehicle inspection report does not clearly say that the subsequent failure and maintenance of the vehicle is directly related to the accident in 2013, it is a fact that the vehicle has had an accident. Faced with such a situation, what should both sides do?The lawyer said that if Mr. Liu made a wrong decision to buy the car because the original owner concealed the vehicle accident, Mr. Liu could revoke the vehicle sales contract in accordance with Article 148 of the Civil Code.
He Hongde, director of Guangdong Honghao Law Firm: If the vehicle sales contract between the two parties is revoked, the contract is not binding on both parties. Therefore, the parties should return each other's property to each other, and as the original owner of the vehicle, they should return the original price paid to Mr. Liu.
However, Mr. Liu reported that the original sales contract had been lost. In this regard, the lawyer said that in the case of the loss of the contract, the evidence of the transfer records of both parties and the transfer of vehicle ownership can also be used to form an evidence chain and restore the fact of second-hand car sales at that time.
He Hongde, director of Guangdong Honghao Law Firm: Remind everyone that when trading second-hand cars, it is necessary to conduct an objective and scientific appraisal of the vehicle to ensure that you can buy a satisfactory vehicle.