Source | Urban live original
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Many people will be asked by the merchant to pay a deposit when buying a car, and if the buyer regrets not buying, the merchant generally will not refund the deposit. Mr. Zhang, a consumer in Ji'an City, called the "City Scene" to reflect that he was puzzled that when the merchant could not perform the contract, why could not the deposit be doubled according to the provisions of the Civil Code?
On the morning of the 17th, the reporter met Mr. Zhang in the hall of ji'an Zhibao Automobile Sales Company in Qingyuan District, Ji'an City, and he told reporters that on December 19 last year, he ordered a BMW 530 car in this 4S store, negotiated the price, paid a deposit of 10,000 yuan, and signed a purchase agreement, agreeing to pre-car on January 20 this year. However, on January 14, the 4S store clearly told him that the car was out of stock and could not be picked up in the short term, which made Mr. Zhang unable to accept such a result.
Consumer Mr. Zhang: I think he is selective, because I learned that there is a customer who paid a deposit on December 18th, he is a mortgage customer, the profit of the 4S store will be higher if the mortgage is mortgaged, he and I are a day away from the car, this owner he can get the car, but I can't get the car.
Mr. Zhang said that the official guidance price of this BMW 530 is 468900 yuan, he also paid the price of 25600 yuan, and finally sold it at 443300 yuan, he later went to other stores to compare, this counter-offer is indeed more cruel. Therefore, Mr. Zhang suspects that the 4S shop regrets it, and the current supply is relatively tight, so he will not sell the car to him.
Consumer Mr. Zhang: The first is to ask them to give me the car before January 20 as scheduled, if before January 20, he still can't get the car to me, then according to the requirements of our Civil Code, the deposit will be refunded one for one.
Reporter: What is the attitude of their side?
Consumer Mr. Zhang: They just told me clearly that if you go through the judicial route, it is impossible to refund one and pay one, and then you can't get the car on January 20.
The staff in charge of the BMW 4S store who handled the matter said that they asked the manufacturer and the 4S store with business cooperation, and indeed failed to get the car ordered by Mr. Zhang.
Ji'an Zhibao Automobile Sales Service Co., Ltd. Staff: If you suggest, the customer agrees to change a model, or it is a refund of the deposit, I think this is more fair, but you said that the refund of one loss, our side really can not be the master. We did not receive a clear notice, normal is not to deliver the car, we will refund the deposit.
The buyer regrets that the deposit must be deducted, and the seller cannot perform the agreement, is it just a refund of the deposit? The reporter inquired about the Civil Code, which began to be implemented on January 1, 2021, and learned that Article 587 stipulates: "If the party who pays the deposit does not perform the debt or the performance of the debt does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it has no right to request the return of the deposit; if the party receiving the deposit does not perform the debt or the performance of the debt does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice." After some communication, the staff member said that he would reply after asking the leader.
Under Mr. Zhang's questioning, the staff made it clear that if the car was not mentioned as scheduled, the deposit would be doubled, and Mr. Zhang expressed satisfaction with this.