Original title: women pay deposit to pick up the car increased price 4S store: the agreement is invalid without signature
4hw.com.cn on December 30, 2019, Wuhan's Ms. Cao reported to the surging quality report complaint platform that she bought a Cadillac xt5 car during the Wuhan auto show in November, signed a car booking agreement on the spot and paid a deposit of 10000 yuan; however, when she was informed to pick up the car at the end of December, she was told by the 4S store that she needed to temporarily increase the price by 6500 yuan, otherwise she would not send the car.
On January 2, 2020, the customer service staff of Wuhan Hengxin Xingkai Automobile Sales Service Co., Ltd., which belongs to the involved 4S shop, told the surging news（ www.thepaper.cn ）The company said that the price of car ordering during the auto show was supported by the manufacturer, but because the customer picked up the car after the time of price support at the auto show, they could only increase the price or refund the deposit of 10000 yuan. In addition, the vehicle booking agreement signed at the time of booking is invalid because it is not signed by the sales consultant.
Xing Xin, partner of Hunan Jinzhou law firm, believes that the 4S shop asked for a price increase when communicating with Ms. Cao about the time of collecting the car, which means that it did not deny the validity of the agreement. Ms. Cao has the right to protect her rights and interests by filing a lawsuit in the court.
Cao said that in November 2019, at the Cadillac booth of Wuhan International Expo Center, she ordered a black Cadillac xt5 car on the spot. After many times of communication with the sales, the price was 275700 yuan. On the same day, she signed a car booking agreement and paid 10000 yuan as a deposit. She agreed with the sales that the car should be picked up before New Year's day.
After ordering the car, Ms. Cao repeatedly asked about the pick-up time, but was told by the 4S shop that the car had not arrived. On December 27, the sales staff of the 4S store contacted Ms. Cao and said that they could pick up the car, but they needed to increase the price by 6500 yuan, otherwise the car booking agreement signed during the auto show would be invalid.
Ms. Cao said that at the auto show, the sales staff told her that there was a special preferential price during the auto show, but after the auto show, she couldn't get the preferential price, so she paid the deposit and signed the car reservation agreement during the auto show.
It can be seen from the vehicle booking agreement provided by Ms. Cao that the agreement clearly indicates that the price of the reserved vehicle is 275700 yuan, the delivery time is' the vehicle arrives at the store ', and Party B pays the full amount of the vehicle payment, without mentioning the specific collection time and the validity period of the vehicle price.
It is stated in the agreement that the agreement can only come into effect after being sealed by Party A (4S store) and signed by Party B, 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., which is affiliated to the 4S store involved. The customer service staff of the company said that customers signed an order for cars at the auto show in November, and the price at that time was indeed supported by the manufacturer's price. However, because the customer picked up the car after the time of price support at the auto show, they had to increase the price to pick up the car.
'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 can't help it. "The customer service said that the car booking agreement needs to be signed by both the customer and the sales consultant, but Ms. Cao's car booking agreement is only signed by the customer, but the sales consultant did not sign it, which is invalid.
In this regard, Ms. Cao said that the current status of electronic agreements is really sales to be signed. "But when ordering cars, the agreements were all operated by 4S store sales on the app, and the contents were all written by them. At that time, I didn't think so much about it, so I signed them first. I didn't know there was no integrity. '
On 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 two solutions have been proposed: the first is that the customer increases the price by 6500 yuan to collect the car; the second is that if the customer is not willing to increase the money, he can refund 10000 yuan deposit.
In view of the above content, Xing Xin, partner of Hunan Jinzhou law firm, believes that the car booking agreement belongs to the electronic contract, and the salesperson, as an employee of the 4S store, has been regarded as an act of duty since the salesperson sent the agreement to Ms. Cao, which can be regarded as an invitation from the 4S store. After Ms. Cao signed the agreement, it is regarded as a promise, and at the same time, Ms. Cao paid the deposit The proposal is established and takes effect. When communicating with Ms. Cao when collecting the car, the 4S store asked for a price increase, indicating that it did not deny the validity of the agreement, and it was also regarded as a de facto recognition of the validity of the agreement. '
Therefore, Xing Xin believes that the agreement does not take Ms. Cao's collection of the car in November as the limiting condition for the preferential payment of the agreement. When the price is increased, Ms. Cao has the right to sue the court to ask the 4S store to continue to perform the agreement.