Mr. Lan bought a used car damaged in a car accident through Mr. Zhong at a price of 21,000 yuan. After the repair, Mr. Lan wanted to handle the transfer formalities for the vehicle and was told that the motor vehicle registration certificate was in the hands of the owner’s old clock. However, when Mr. Lan came to Anji Avenue, he discovered that the massage storefront of Laozhong had been transferred. On August 25, Lao Zhong said that Mr. Lan did not buy a car directly from him, and he did not receive the car payment after selling the car. After communication, Lao Zhong said that he would negotiate with Mr. Lan to handle this matter as soon as possible.
Due to lack of motor vehicle registration certificate, it is impossible to transfer ownership.
In an auto repair shop in Nanning, a black car was parked. Mr. Lan, the person in charge of the auto repair shop, said that the car had been parked for more than half a year, because it was impossible to go through the transfer formalities without a motor vehicle registration certificate.
Mr. Lan introduced that in early January this year, Mr. Zhong’s cousin Jason Chung borrowed a car from Lao Zhong (the car was bought by Lao Zhong, but the motor vehicle registration certificate was handled in the name of his son Zhong Morong) and a traffic accident occurred. Due to the serious damage to the vehicle, Lao Zhong asked Jason Chung to compensate the vehicle at a discount.
After compensation from Jason Chung, Mr. Zhong was asked to find someone to handle the car at a low price. On January 12, Mr. Zhong found his good friend Mr. Lan. After checking the vehicle, Mr. Lan agreed to make a deal for 21,000 yuan, and Lao Zhong asked Mr. Lan to take the motor vehicle driving license.
"Lao Zhong promised at the time that he would cooperate with the procedures for vehicle transfer." Mr. Lan said. When Mr. Lan repaired the car and started to handle the transfer, he realized that Lao Zhong had used the motor vehicle registration certificate to handle the car loan. Nowadays, the car loan company refuses to return the motor vehicle registration certificate because the car loan has not been paid off.
There are still more than 60,000 yuan in car loans that have not been paid off.
Previously, Lao Zhong ran a massage shop near Su Lu Cun. When Mr. Lan came to the door, he was told that the massage shop had been transferred. When Mr. Lan contacted Mr. Lao Zhong by telephone to negotiate to get back the motor vehicle registration certificate, Lao Zhong said that there was no transaction between them and refused to meet Mr. Lan. Since then, Mr. Lan has been unable to contact Lao Zhong.
During the interview, Mr. Lan showed the reporter the proof of transferring 21,000 yuan to Mr. Zhong through WeChat, and the motor vehicle driving license of the purchased vehicle. So, after Mr. Zhong received the money, has it been handed over to Mr. Zhong?
On August 25, Mr. Zhong said on the phone that he only helped his cousin sell the car, and he didn’t collect the car money. When Mr. Zhong learned that Mr. Lan had kept the credentials of WeChat transfer, he said that he had already handed over all the money to Jason Chung, but he was not clear whether Jason Chung had handed it over to Mr. Zhong.
A few days ago, several people found the garage according to the GPS positioning system installed on the car. From this, Mr. Lan learned that Lao Zhong could not pay the full amount when buying a car, and took the motor vehicle registration certificate as collateral to handle the car loan. So far, Lao Zhong still has more than 60,000 yuan in car loans that have not been paid off.
The owner of the car said that the matter should be handled as soon as possible.
On August 25th, Lao Zhong said on the phone that Mr. Lan didn’t buy a car from him. He has no idea how much his car was sold and the so-called discount compensation. As Mr Lan doesn’t have Jason Chung’s telephone number, and it is not convenient for Mr Zhong to provide Jason Chung’s contact information, the reporter can’t verify it.
For Lao Zhong’s statement, Mr. Lan thinks that "it can’t stand scrutiny". Because before buying a car, Mr. Lan followed Mr. Zhong to Lao Zhong’s massage shop to get a motor vehicle driving license. At that time, Lao Zhong said that he would provide a motor vehicle registration certificate when the vehicle was transferred.
In addition, Lao Zhong mentioned that he had previously installed equipment such as stereo and electronic dog in the car. When Mr. Lan asked for the transfer of the car, he once proposed to remove the privately installed equipment. Mr. Lan did not agree to do so, and both sides made trouble. Mr. Lan responded to this. Before the transaction, Lao Zhong did not ask for the removal of the electronic dog. After communication, Lao Zhong said that he would negotiate with Mr. Lan to handle this matter as soon as possible.
It is suggested that the contract can be terminated if the transfer obligation is not fulfilled.
"Before the vehicle is traded, it should be checked to verify whether the ownership certificate materials involved in the vehicle are true and reliable." Lawyer Yang Jianbao, director of Guangxi Shanren Law Firm, believes that judging from the fact that Lao Zhong handed over the driving license to Mr. Zhong for handling, this transaction is in line with the agency by estoppel as stipulated in Article 49 of the Contract Law.
In this case, if the old clock party did receive the purchase price, it should fulfill the obligation of vehicle delivery and transfer; If the vehicle cannot be transferred due to mortgage, seizure, etc., Mr. Lan can request to terminate the contract through mediation, litigation, etc., return the paid car purchase money and investigate the other party’s liability for breach of contract.
Reporter Pan Guowu Intern Huang Chaokun