“Buy” car to “rent” car? On the consumption trap behind the down payment of 10% for a car

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Sina Technology Suning wukai
This 315 session should be said to be the most special one: because of the epidemic, it was postponed to the evening of July 16. Although “late” for four months, but the consumer industry chaos is still not absent.
With the continuous increase of car ownership, from the previous “315 party” point of view, the automobile industry has been a serious disaster area for consumers to protect their rights in recent years. Wuling, which has a new gearbox fault, has become the representative of 315 automobile industry this year.
In the first half of the year, the new forces of car making frequently encountered problems such as spontaneous combustion and broken axle. The constant price reduction of Tesla also stimulated the nerves of old car owners. Although this year’s 315 could not expose the chaos of every industry one by one, it does not mean that those enterprises that have not been named can steal and enjoy themselves secretly.
For example, the “10% down payment” to attract eyeballs and rent a car for purchase has been deeply involved in the fight for rights recently.
“Buy” car to “rent” car?
“In March last year, I paid 10% down payment through a car platform to buy a BMW car, and then I paid the monthly payment on time every month. I have never been overdue and have been in peace. Until this year, after I saw the news on the Internet about “buying and renting a car”, I inquired about it and learned that: at that time, the so-called purchase of a car was actually a financial leasing, that is to say, in the past year, I had been renting a car! ” On July 10, xueyang, a car user, expressed dissatisfaction with “buying and renting a car” to Sina Technology.
It is understood that the car rental service provided to consumers is car financing, and the user is actually renting a car for the first year. So why do many users have the perception of “buying a car by mortgage”?
Many users reported that the car sales personnel did not say that it was a rental car at the time of the transaction, and that year’s order page did not say it was a car rental. Xueyang said that when placing an order, all kinds of fees were in the name of “first use, down payment and monthly payment.” according to the understanding of ordinary consumers, “down payment” can not represent the consumption mode of installment purchase And before the user picked up the car, “the sales staff of the car platform didn’t say anything about renting a car in the first year, or even the word of renting.”
According to several judgments, the Court pointed out that before submitting an order, users need to click and check “I have read and agreed to the service agreement for new car driving and entrusted withholding service agreement” of tmall flagship store, and then the specific contents of the above two agreements will automatically jump out after clicking, and the order can be submitted only by clicking “agree to the above agreements”; click “submit order” to make payment and payment After success, you will receive a short message from tmall, indicating that the down payment has been completed. The completion of the down payment means that the service agreement takes effect, in which the user is the vehicle lessee.
This process is an important basis for the court to judge whether there is fraud in the car company and whether users know the background of financial leasing. Moreover, it seems to foresee the possible risks. In the financial leasing agreement, there is such an agreement: “neither party shall question the validity of this Agreement on the ground of signing form, and claim rights.”
As a result, a car with a contract in hand has an advantage. Due to the existence of the contract, in a number of judgments, users of bullet car claimed that Dasuo car company had fraud reasons, which were not supported by the court.
Sina science and technology in a car page to see that the year’s “car purchase order, down payment, monthly supply” has been revised to: “order details, down payment rent, down payment monthly rent.”. In response to this change, some old users raised an objection to the car, and responded: “normal update, professional word adjustment.”
But in fact, the so-called “renewal and adjustment” of a car actually comes from the pressure of the regulatory authorities. In 2019, due to the emergence of such rights protection groups as bullet cars, in view of the advertising publicity of “sharpening the purchase of cars and weakening the renting of cars”, Zhejiang Provincial Consumer Protection Commission interviewed and asked them to rectify. Zhejiang Provincial Consumer Protection Commission has made clear that there is a certain amount of misleading suspicion in the advertisement of “spring a car”. It has requested that the corresponding adjustments be made in the home page of the official website and in the electronic contract. The nature of the first year’s car rental and financial proposals will be listed more clearly.
One consumption trap after another
“The first year of entry threshold is low, the second year transfer is strict audit.” It is the second point of conflict between the user and the platform.
“In fact, the initial examination is only the qualification examination of” renting a car “. The real test is in the next year.” Yang Peng, who used to be the manager of a car shop in Deyang, Sichuan, said in an interview, “in August 2018, I joined a car shop and bought a car on the platform of a car. However, at that time, our employees were not clear about the specific situation of financial leasing. During the training, we only said that it was business. Many consumers, including me, don’t know until a year later that they have to go through a second audit. ”
Li Chao, a car user, said that in June 2018, he placed an order for a Ford Mustang at its tmall flagship store under the scheme of “using 12 months first, paying 79900 down payment, and monthly payment of 4598 yuan. After one year, he can choose to return the vehicle or purchase the final payment, and the remaining payment will be paid in a lump sum of 306500 yuan (installable)”. According to the agreement, after one year’s maturity, Li Chao can pay the balance of the vehicle at a lump sum of 306500 yuan, or apply for a 36 period loan for three years to the designated loan institution of Dasuo automobile, and the specific amount of monthly payment of 36 phases shall be subject to the assessment after the qualification examination of the loan institution.
But a year later, when Li Chao wanted to transfer his ownership, he was told that the audit of the balance of the 36 instalments had not passed. “There is not so much money for one-time buyout; if you choose to return the car, you need to pay a huge amount of penalty for returning the car (8% of the manufacturer’s guidance price should be paid if Li Chao’s agreement is terminated in advance), and the payment already paid will not be refunded.” Li Chao said that the car was given another plan at that time, that is, to renew the lease for another year.
According to the lease renewal agreement, Li Chao needs to pay a monthly rent of 11235 yuan in the following year; at the same time, the lease renewal agreement stipulates that if Li Chao has a fundamental breach of contract, he shall pay an additional 10% of the guiding price of the subject vehicle manufacturer as liquidated damages.

According to Li Chao’s calculation, if he chose to buy out the car at one time, he would have spent 447500 yuan on the car; if the 36 phase installment plan had been successfully approved at that time, he would have to spend 523500 yuan; if he had passed the two-year installment review after one year’s renewal, he would have to spend 530800 yuan in total, while the manufacturer’s guidance price shown in the agreement was 399800 yuan.
It turns out that according to the purchase plan of the bullet car, consumers can only use the 36 phase installment purchase method after they rent the car for a year and pass the second audit. If the audit is not passed, users can only choose to pay the balance, renew the lease or return the car.
“One time payment of the balance” is obviously not the best choice for the users of the “low down payment and long installment”.
“Lease renewal” means that the property right of the vehicle still does not belong to itself, and the monthly rent will be paid every month, and the rental fee will also be determined by the individual car.
“Returning a car” means that the user of a car should bear 10% of the guiding price of the vehicle as a penalty, and also compensate for the loss of the car. The fixed loss amount of the vehicle is also based on the statement of the car platform.
What if consumers don’t accept these three points? Li Chao said that during the lease renewal period, because the monthly rent was overdue for 18 days, the personnel who flipped the car found the vehicle through GPS positioning, towed it away and auctioned it. According to the auction plan in advance, Li Chao needed to pay 109900 yuan. The algorithm of this fee is the balance after deducting the auction money, vehicle collection fee, penalty for violation of regulations, remaining monthly rent, etc. This means that Li Chao has to pay more than 260000 yuan for the rental period of the car for more than one year. In a fit of anger, he embarked on the road of safeguarding his rights.
Lawyer: the act of depriving consumers of the right to know is suspected of fraud
“When signing a contract with consumers, they mislead consumers by using words such as” order, down payment, monthly payment “that are easy to lead to wrong understanding. They also fail to give a clear explanation on the matter of renting a car. They conceal the truth, thus causing consumers to fall into the suspicion of false cognition and their behavior is suspected of fraud.” In view of the fact that the use of “10% down payment” to carry out the leaflet is a car rental behavior, Wang Beibei, senior equity partner of Beijing Yingke Law Firm, said that the use of “10% down payment” for a car was suspected of false publicity and deprived consumers of their right to know.
With regard to the “secondary audit” mechanism after the one-year lease term of a car has expired, Wang Beibei, a lawyer, said: “consumers have the right to know about the transaction form and other contents, and the audit mechanism is vague and infringes on the consumers’ right to know. At the same time, if the audit conditions are too high and exceed the reasonable standards, it will be regarded as deliberately increasing the obligations of consumers and infringing on the legitimate rights and interests of consumers. ”
Wang Beibei, a lawyer, said that consumers should improve their degree of prudence before trading commodities, especially buying bulk goods such as real estate or automobiles. They should have a more comprehensive understanding of the qualification of commodities and various basic information. Before signing a contract, they should carefully read the precautions provided by the seller, especially concerning the contract amount, payment time and payment method The key terms, such as the conditions for the realization of preferential policies, must require the other party to explain the places they do not understand.
For the users who are ready to spend on the platform, Lawyer Wang Beibei also gives suggestions: when dealing with a car, consumers are not clear about whether the nature of the contract is a sales contract or a lease contract, the time of ownership transfer, the method of purchasing by stages, and the auditing organization. They must obtain a clear reply from the customers before signing the contract. If necessary, the other party may be required to make a written reply or record or video record the relevant telephone and oral reply.
epilogue
“We have two QQ rights groups, one 2300 people, one 1500 people, and Beijing, Shanghai, Hangzhou have wechat rights groups, now more and more people together to protect their rights.” A user introduced to the media about the scale of the dispute about the rights protection of bomb car users, which is obviously only the tip of the iceberg.
Some of them chose other ways. Up to the time of publication, 169 documents can be found by searching for “bullet car” on the referee document website, and 956 complaints have been made on the black cat complaint platform. Behind these figures, users turn into opposites one by one and give them a hammer and a stick by safeguarding their rights.
It can be said that from the “mystery of contract” at the beginning of the transaction, concealing the truth from the consumers “to the after-sales” secondary audit, forced Trailer “, etc., there are routines in the whole consumption chain.
On July 8, in response to the recent reports of users’ rights protection, a statement was issued through the official microblog, saying that the product model, product qualification audit, product risk control, verification of known customers in the report, and specifications of cooperative dealers were clarified. For those customers who insist that their legitimate rights and interests are infringed upon, they are sincerely invited to choose arbitration institutions or other legal forms to let authoritative institutions make fair decisions. No matter what the result is, we will act according to the law.
In short, financial leasing mode is still a new mode in China, and the form of renting before buying has become a sharp weapon for many online car purchasing platforms to enter the sinking market. However, behind the rapid expansion, many cases of safeguarding rights and interests of a car are enough to ring an alarm for the industry. Only by protecting the interests of users can more users enjoy it and ultimately achieve win-win results.
(Xue Yang and Li Chao are pseudonyms)