What to Do When a 4S Store Breaches the Contract After Receiving a Deposit?
2 Answers
Below are the relevant handling methods for a 4S store breaching the contract after receiving a deposit: 1. Handling Method: After a consumer places an order for a car, if the 4S store breaches the contract, the 4S store shall bear the liability for breach of contract. If the consumer has paid a deposit, the 4S store shall return double the amount. Other losses incurred can also be claimed. 2. Relevant Legal Provisions: According to the "Contract Law of the People's Republic of China": Article 113 Scope of Damages: If one party fails to perform its contractual obligations or its performance does not conform to the agreement, causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach, including the benefits that could have been obtained after the performance of the contract, but shall not exceed the losses that the breaching party foresaw or should have foreseen at the time of concluding the contract. If a business operator engages in fraudulent activities in providing goods or services to consumers, it shall bear the liability for damages in accordance with the provisions of the "Consumer Rights and Interests Protection Law of the People's Republic of China".
I've been through this situation, and handling it requires patience but firmness. After paying a deposit, if the 4S dealership breaches the contract, they are liable under contract law and may need to refund double the deposit. I would first locate the contract and receipt to confirm the breach—don’t assume verbal promises are enough. Then, I’d go directly to the dealership to speak with the manager, staying calm but insistent, citing legal grounds: breach requires compensation. If they make excuses, I’d prepare evidence like WeChat records or recordings. The next step is calling the 12315 consumer hotline to file a complaint, detailing the incident to involve government mediation. If that fails, I’d consult a lawyer to file a lawsuit—don’t shy away from the hassle because it’s about protecting your rights. Remember not to act impulsively; keep all evidence throughout the process to prevent them from denying responsibility. This is a lesson learned from similar disputes.