Jinhua Used Car Market Guazi Used Car Market (Jinhua Used Car Jinhua Used Car Market Guazi)
Lawyer reminds: The vehicle has not been transferred, so never deliver it.
Our reporter Wang Jing
In order to be convenient and affordable, many consumers now choose online trading when buying and selling used cars, and those professional used car trading platforms have become everyone's first choice. However, after the "payment is settled", the subsequent formalities can not be sloppy.
Recently, Mr. Shen, who lives in Jinhua, called and said that the old car sold through the melon seeds used car had an accident in 2017, and he was also jointly and severally liable.
Sell cars for a year and a half.
Court summons fell from the sky.
According to Mr. Shen's memory, in December 2017, he consigned a Beijing Hyundai Sonata through the melon seed used car direct selling network. Two weeks later, the melon seeds used car informed Mr. Shen and found the intended buyer, Mr. Chen.
On December 18th, Mr. Shen signed a tripartite car purchase contract with the buyer, Mr. Chen, and Guazi Automobile Service Co., Ltd. The transaction price of the car was 4,800 yuan, and Guazi Automobile Service Co., Ltd., as the intermediary service provider, collected the service fee of 1000 yuan.
On the same day, Mr. Shen cooperated with a staff member appointed by the buyer to go to Lanxi Vehicle Management Office where the vehicle was located to hand over the keys, relevant documents and old motor vehicles. According to Mr. Shen's recollection: "At that time, after handing over all the materials to the other party, he successfully received the car purchase money, and he said that he would transfer the ownership on his behalf."
But it is obvious that the other party has not fulfilled its promise. On August 1, 2019, Mr. Shen suddenly received a notice of responding to the lawsuit from Pingyang Court: the motor vehicle had an accident on January 29, 2018, and the driver took full responsibility for driving without a license, while Mr. Shen, as the owner of the vehicle, was listed as a joint and several liable person, and had to pay 3,800 yuan. Mr. Shen is very helpless: "I don't know this driver, and when the accident happened, the car was not mine."
Until now, the vehicle has not been transferred
After the reporter coordinated, the buyer has been contacted.
After receiving the notice from the court, Mr. Shen went to the vehicle management office to inquire and found that the Sonata under his name had not been transferred. According to Mr. Shen, he contacted the melon seeds used car again, but was told that there were clear terms in the contract. By the time the contract was signed, the intermediary service had been completed. If both parties failed to complete the transfer procedures according to the agreed time, the responsibility had nothing to do with it. Mr. Shen believes: "This is the overlord clause. As an intermediary, the melon seeds used car has the responsibility to urge both parties until the transfer procedures are completed."
The reporter contacted Cheduoduo Group, which belongs to the melon seeds used car. The public relations of the group indicated that Mr. Shen was a vehicle traded on the "speed shooting" platform under the group, and the platform acted as an introducer for buyers and sellers, that is, it only provided intermediary services and did not undertake the transfer obligation. However, for the sake of user experience, Mr. Shen will be assisted to contact the buyer and handle the transfer procedures.
Under the coordination of the reporter, on the afternoon of August 27, Mr. Shen contacted the buyer Mr. Chen through the speed shooting platform. Mr. Chen said that he would explain to the court and accept the responsibility for the accident.
Mr. Shen said that since he received the notice from the court, he has never been practical. While contacting the melon seeds to prepare materials for responding to the lawsuit, he rushed between the vehicle management office and the police station, hoping to cancel the car as soon as possible. Mr. Shen said with a lingering fear: "This is just a small accident of losing money. What if it hits someone?"
Lawyer reminds: the vehicle has not been transferred.
Can't be delivered first
The reporter found that there are quite a few similar disputes on the Internet. The reporter also consulted relevant lawyers. The lawyer said: "Once the seller sells the vehicle, he should immediately go to the vehicle management office to assist the buyer in the transfer registration. If the transfer registration is not handled in time, although the real right of the vehicle has changed, the original owner may also bear the litigation risk, such as the violation of the vehicle, the annual review, and the litigation risk that may be borne by the original owner after the traffic accident. According to the terms of the contract, it is difficult to investigate the responsibility of the middleman. "
Mr. Shen's case will be opened on September 10, and this newspaper will continue to pay attention to it. Lawyers remind consumers that vehicles must not be delivered before they are transferred.