Womens deposit for car collection is increased 4S shop: sales is invalid without signing the agreement

category:Society
 Womens deposit for car collection is increased 4S shop: sales is invalid without signing the agreement


On January 2, 2020, the customer service personnel of Wuhan Hengxin Xingkai Automobile Sales Service Co., Ltd. affiliated to the 4S store concerned told the surging news that the price of car ordering during the auto show was supported by the manufacturer, but because the customer had collected the car beyond the time of price support in the auto show, they could only raise the price to collect the car or refund the deposit of 10000 yuan. In addition, the vehicle ordering agreement signed at the time of ordering is invalid because it is not signed by the sales consultant.

Xing Xin, partner of Hunan Jinzhou law firm, believes that 4S shop asked for a price increase when communicating with Ms. Cao about the car collection time, indicating that the validity of the agreement has not been denied, and Ms. Cao has the right to protect her own rights and interests by bringing a lawsuit to the court.

Ms. Cao introduced that in November 2019, at the Cadillac booth of Wuhan International Expo Center auto show, she ordered a black Cadillac xt5 sedan on the spot, and the price after communicating with the sales for many times was 275700 yuan. On that day, she signed a car booking agreement, paid a car purchase deposit of 10000 yuan, and agreed with the sales to pick up the car before New Years Day.

After ordering the car, Ms. Cao repeatedly asked about the collection time, and was told by the 4S shop that the ordered car hasnt arrived yet. On December 27, the sales staff of 4S shop contacted Ms. Cao and said that she could pick up the car, but the price needed to be increased by 6500 yuan, otherwise, the vehicle ordering agreement signed during the auto show would be invalid.

Ms. Cao said that at that time, the sales staff at the auto show told her that there was a special preferential price during the auto show. After the auto show, she couldnt get the preferential price. She only paid the deposit and signed the car booking agreement during the auto show.

The vehicle ordering agreement signed between Ms. Cao and 4S shop is provided by the interviewee

As can be seen from the vehicle booking agreement provided by Ms. Cao, it is clearly indicated in the agreement that the vehicle price of the reserved vehicle is 275700 yuan, the delivery time is vehicle to store, and Party B has paid the full amount of vehicle payment, without mentioning the specific time of vehicle collection and the validity period of the vehicle price.

It is noted in the agreement that the agreement shall take effect only after Party A (4S shop) seals and Party B signs, but there is no company seal or sales consultant signature on the agreement.

On January 2, surging news called Wuhan Hengxin Xingkai Automobile Sales Service Co., Ltd. affiliated to the 4S shop involved. The customer service staff of the company said that in November, the customer signed an order for a car at the auto show, and the price at that time was supported by the manufacturers price, but because the customer had collected the car for a long time, they could only collect the car at a higher price.

If the customer picks up the car in November, we can still go according to the agreed price, but now the price has gone up, from 275700 to 282700, and we cant help it. The customer service said that the vehicle booking agreement needs to be signed by both the customer and the sales consultant, but Ms. Caos vehicle booking agreement only needs to be signed by the customer and the sales consultant does not sign, which is an invalid agreement.

In response, Ms. Cao said that the current status of the electronic agreement is really sales to be signed, but when ordering the car, the agreements are all operated by 4S store sales on the app, and the content is also written by them. At that time, I didnt think so much, so I signed first, how could I know that there was no integrity.

In the afternoon of January 2, after many negotiations, the customer service staff of Wuhan Hengxin Xingkai Automobile Sales Service Co., Ltd. told surging news that at present, two solutions have been proposed: the first one is that the customer increases the price of 6500 yuan to collect the car; the second one is that if the customer is unwilling to increase the price, the deposit of 10000 yuan can be refunded.

In view of the above content, Xing Xin, partner of Hunan Jinzhou law firm, believes that the car booking agreement belongs to an electronic contract. As a 4S store employee, the sales personnel The proposal is established and takes effect. When communicating with Ms. Cao about the car collection time, the 4S shop asked for a price increase, indicating that it did not negate the validity of the agreement, which was also regarded as the recognition of the effectiveness of the agreement in fact.

Therefore, Xingxin believes that the agreement does not take Ms. Caos car pick-up in November as the restriction condition of the preferential car payment of the agreement, and the car pick-up price is increased. Ms. Cao has the right to request the 4S shop to continue to perform the agreement by bringing a lawsuit to the court.

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