10/15/2008
Whether does the loan auto purchase renew the being a problem car dealer to force to renew?
“in last August, I have bought a vehicle in the Zhengzhou some 4S shop loan, these days must when renews to the vehicles, I thought that the 4S shop the insurance premium is too expensive, thought that ask an Insurance company's acquaintance to renew, but the 4S shop's staff actually tell me, must renew in their shop, otherwise before pays 2000 Yuan will renew the deposit no longer to return. ” recently, resident Mr. Mei had reported to the newspaper he after loan auto purchase meets “the compulsion to renew” the question. vehicle owner: Why renews must in the 4S shop? “, because loans the auto purchase, the car dealer requests me to before paying off the loan purchase the `fully comprehensive insurance ', such request is reasonable, I may accept, but why can also to purchase the insurance premium the place to make the limit?”This point makes vehicle owner Mr. Mei not to understand very much that he believed that so long as plant according to the automobile manufacturer's request purchase stipulation's safe danger then, as for buys the insurance in where, which Insurance company chooses, he should have his decision-making power. regarding this, some automobile 4S the shop person in charge told the reporters, when initially Mr. Mei loaned the auto purchase, signed in the loan auto purchase contract with them already to renew the matters concerned to the insurance to carry on the agreement, namely the vehicle owner must, in the Financial company assigned in the 4S shop renewed, otherwise 2000 Yuan deposit no longer returned. Since signs has such contract, the vehicle owner must according to the contract agreement execution, the violation not be able to return 2000 Yuan deposit again naturally.however Mr. Mei does not approve regarding this, “initially when sign loan contract, the dealer has not informed my this provision explicitly the agreement, indicates regarding these 2000 Yuan deposit's reason fuzzily.” and Mr. Mei have similar bitter experience vehicle owner Mr. Liu also to report to reporter, “when initially signed the loan auto purchase contract, the car dealer brings several pages of contracts to let me sign, I also do not have looked carefully how various provisions are do agree, this year renews when only then knew, initially stipulated with in a dealer sign's appendix contract, loans in three years the vehicles to renew must in their company.”Regarding this, Mr. Liu thought that such contract obvious is “the overlord contract”, when conclude and sign contract the dealer has not arrived at the duty which the reminder informs. Car dealer: This act is only right for prevention risk facing the vehicle owner “the compulsion renews” “the overlord provision” the accusation, some car dealer “tells of one's hardships and oppressions greatly”. “regarding the automobile Financial company, the automobile consumptive loan risk is big, therefore in sign auto purchase contract time, the car insurance first beneficiary is the Financial company generally, only will then like this only then make loans. If the consumer renews time to the dealer place, the dealer will not be unable to supervise the vehicles whether to press the request to renew, but if the vehicle owner is not prompt renews, the vehicles have the accident or the loss, the vehicle owner also do not have the credit repayment ability, this will give the Financial company to create the massive loss.”Some car dealer finance loan's department person in charge indicated that at present the vehicle owner loans the auto purchase the head to pay the proportion only then 30%, after first year repayments, still has big part of Che Kuan is pays by the Financial company, to guarantee that Financial company's benefit, can only adopt receives renews the earnest money the bad plan to restrain the consumer. “the mortgage auto purchase needs to hand over renews the earnest money already is the profession hidden rule, has not only been revealed.”An anonymous car dealer credit consultant indicated that “the present major part dealer can request the mortgage auto purchase to hand over this expense. Requests the insurance is essential, since because loans the auto purchase, then this vehicle's property right did not have to belong to individual completely, if the vehicle is robbed snatches or the accident, is lost possibly is the Financial company (or bank), 4S the shop must take the joint and several liability.”Attorney : The car dealer procedure is “the overlord provision” the Zhengzhou holds up day Law office Director Li Weifu to believe that the such provision agreement obvious existence “the overlord provision” the suspicion, has itself as the vehicle owner to the vehicles insurance option, the loan company may request the vehicle owner to renew, and to renews must purchase the danger which plants and insures the first beneficiary (Financial company, bank) the grade approximately to make the stipulation, but cannot limit the vehicle owner to purchase the safe place. If the consumer thought that such contract is “the overlord provision”, has encroached upon the vehicle owner proper rights and interests, then may through the legal way recognize that this provision is the invalid provision. Li Weifu also simultaneously reminds the consumer, because the automobile manufacturer provides the contract is the form provision mostly, these form provision also only mostly is formulates in a car dealer side benefit foundation, therefore, vehicle owner in sign auto purchase contract time, certainly wants the careful reading provision to stipulate, meets “the overlord provision” to be possible similarly to reject the signature.
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