Bought a new car and it broke down the very next day. Consumers question the 4S dealership's "under-the-table repairs." Latest update: The 4S dealership has replaced a new car for the consumer.

Reprinted from: Yangtze Evening Post

The Wuling mini car, which Zhang女士 bought for more than 40,000 yuan, “broke down” on the road the very next day. Recently, Zhang女士, who lives in Suining County, Xuzhou, told a reporter from the Yangtze Evening Post / Ziniu News about the “heart-sinking matter” she encountered. After the incident, she repeatedly went to the dealer, proposing a refund or a replacement with a new car, but the two sides never managed to reach an agreement. Even more, the dealer carried out “backroom repairs” despite her clearly refusing to disassemble the vehicle’s parts.

On March 29, Zhang女士 said that the dealer ultimately agreed to replace the car. She has used a payment of the price difference to replace it with another model under the Wuling brand.

A new car that broke down the next day

On March 18 this year, Zhang女士 went to the Wuling Auto 4S store in Suqian, Suicheng District, and bought a Wuling mini new energy vehicle via a loan. The total price was about 45,000 yuan. After Zhang女士 paid more than 20,000 yuan as a down payment, she drove the car home.

On the morning of March 19, Zhang女士 drove the vehicle to work, and everything was normal during the trip. In the afternoon, when she got off work and drove back home, she passed through a residential compound to pick up something. After returning and starting the vehicle, she found that the car could not be put into gear. After many attempts, and after asking the dealer’s staff, she still could not resolve the issue. With no choice, she had to leave the vehicle where it was.

On March 20, the dealer sent staff to handle the situation on site. Since the fault could not be ruled out, the vehicle was towed back to the 4S store by the dealer.

A brand-new car bought for just one day developed a fault. This left Zhang女士 very upset. When she went to the 4S store to check the situation, she was told that they could not determine the cause of the vehicle’s fault from its appearance, and that it was necessary to disassemble and inspect related parts. They required her to sign a disassembly consent form. Zhang女士 immediately said she refused. She said she had bought a new car and the dealer had an obligation to guarantee the vehicle’s quality. Zhang女士 also said that because the vehicle had developed a fault, she demanded a refund or replacement with a new car.

In the following days, Zhang女士 repeatedly went to the dealer to negotiate, but the other side only replied that they would report her request.

On March 25, Zhang女士 again received a call from the dealer. They said they had found the cause of the vehicle’s fault, the car had been repaired, and asked her to drive the car away. Zhang女士 further inquired and found that the vehicle’s fault was due to a fuse issue, and it had been replaced by the repair personnel. Zhang女士 believed she had not agreed to repair the vehicle. Now that the dealer had disassembled the car without permission, she again put forward a demand for a refund or a replacement with a new car, but was refused.

With no other option, Zhang女士 successively filed complaints about the matter through the 12345 platform and also reported her experience to the Yangtze Evening Post / Ziniu News.

The new car only drove 109 kilometers

4S store accused of “backroom repairs”

The reporter learned that the vehicle Zhang女士 bought is a Wuling M1 model. The manufacturer is SAIC-GM-Wuling Automobile Co., Ltd. The seller is Suqian Wuling Automobile Sales and Service Co., Ltd. At the time of delivery, the dealer provided materials such as a compulsory product certification vehicle consistency certificate and a delivery confirmation sheet, all of which showed that there were no quality problems with the vehicle.

After the vehicle developed a fault, when the dealer notified Zhang女士 to pick up the car, they provided a repair authorization letter showing the repair item as: replacement of the power battery fuse. In this regard, Zhang女士 believed that she had already clearly refused disassembly and repair of the vehicle. The 4S store, without her knowledge, disassembled the relevant parts, which infringed on her lawful rights and interests. At the same time, she believed that the new car she had bought suddenly developed a fault when she had not violated anything. She had reason to suspect that the product she purchased had quality problems. Therefore, she believed that her demand for a refund or replacement with a new car was reasonable. She also believed that the 4S store should apologize to her for repairing the vehicle without her consent and compensate her for the relevant losses.

The reporter contacted the Wuling Auto 4S store in Suicheng District to inquire. A sales representative told the reporter: The day after Zhang女士 purchased the car, they received a call that the vehicle had developed a fault. The dealer then dispatched staff to handle the issue on site. Since they could not determine the cause of the fault based on appearance, the repair personnel had to disassemble and inspect the relevant parts. At present, the vehicle has been repaired and is ready for delivery. Regarding Zhang女士’s claim that the dealer disassembled the car for inspection and repair without consent, the sales representative did not respond. As for Zhang女士’s request for a refund or a car replacement, the sales representative said they needed to report the situation and wait for the manufacturer’s feedback.

The vehicle involved

Lawyer: The consumer’s request to return the car or replace it with a new one is reasonable

Wu Zhaofei, a lawyer from Jiangsu Qingyun Law Firm, said that under Paragraph 3 of Article 23 of the Consumer Rights and Interests Protection Law of the People’s Republic of China, for durable goods such as motor vehicles provided by an operator, if the consumer discovers a defect within six months from the date they accept the goods or services and a dispute arises, the operator shall bear the evidentiary burden regarding the relevant defects. Under Article 577 of the Civil Code of the People’s Republic of China and Article 55 of the Consumer Rights and Interests Protection Law of the People’s Republic of China, where an operator is found to bear liability for breach of contract such as repair, replacement, return of goods, and compensation for losses due to product quality defects.

Wu Zhaofei said that, according to the Provisions on Liability for Repair, Replacement, and Return of Household Automobile Products implemented starting January 1, 2022, Article 22 provides: “Within 7 days from the start date of the effective period of the three guarantees, if a household automobile product needs to have the engine, transmission, power storage battery, driving motor, or its main components replaced due to a quality issue, the consumer may choose to replace the household automobile product or return it by presenting the car purchase invoice and the three-guarantees certificate. The seller shall replace it or return it for free.” Compared with the old “three guarantees” policy for automobiles, the new regulation adds related provisions in the relevant articles about “repair-for-free, replacement-for-free, and return-for-free” for failures of new energy vehicles such as the power battery and driving motor.

Wu Zhaofei believed that Zhang女士’s request to return the car or replace it with a new one is fully reasonable. At the same time, based on the actual losses she has suffered, she can also request compensation from the dealer.

Repair order provided by the consumer

Latest development: The dealer has replaced the vehicle for the consumer

On March 29, complainant Zhang女士 told a reporter from the Yangtze Evening Post / Ziniu News that on the afternoon of March 28, she again received a call from the 4S store saying they agreed to the request for a replacement. Zhang女士 chose to replace it with another model and paid the price difference. However, the 4S store did not make any compensation to her.

Yangtze Evening Post / Ziniu News Reporter Ma Zhiy/Ya

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