Is There a Contract When Buying a Car?
1 Answers
When purchasing a new car, a sales contract is necessary as it serves as an effective means to minimize disputes. The car purchase contract is a formal sales agreement signed between the buyer and the dealer, acting as a basis to protect the rights and interests of both parties. Key points to note: 1. Detailed vehicle information: The contract should clearly specify the car's brand, identification number, engine number, chassis number (VIN), and other essential elements, especially ensuring both the VIN and identification number are listed to prevent dealer fraud. It should also include major configurations, color (specifically the seat color), transmission type (manual or automatic), and documents to be delivered with the car. The total transaction price (either the ex-factory price or the on-the-road price), payment method, and deadline should also be clearly stated. 2. Pay attention to details: Consumers should carefully review details reflecting the dealer's responsibilities, such as delivery method, location, and time; after-sales services like maintenance and repairs (the dealer's obligations); whether free maintenance is time-based or mileage-based; and whether liabilities are balanced in case of delayed delivery. 3. Clear breach of contract terms: The contract must clearly define breach of contract liabilities and specify resolution methods and jurisdiction. For example, it should state the compensation amount or refund policy if the dealer delays delivery. 4. Consistent names on documents: Ensure the dealer's official seal name matches the names on the purchase contract and invoice. Inconsistencies can lead to legal complications for consumers, especially in lawsuits where the defendant is unclear. For imported cars, due to multi-level agency structures, buyers' rights may be hard to protect if the contract's principal party is unclear. 5. After-sales service terms: The contract should explicitly state the dealer's obligations regarding after-sales service (details can refer to relevant clauses in the "Product Quality Law," "General Principles of Civil Law," and "Consumer Rights Protection Law").
