If an individual applies for a car loan at a bank and wants to repay it early, the bank will charge a certain penalty. The liquidated damages charged are basically 2%-5% of the repayment amount. Some banks also charge several months of interest as liquidated damages. Different banks charge different penalties. However, for car loans that have been repaid for one year, most banks will not charge penalty fees. If you apply for a car loan from an auto finance company, the amount of liquidated damages charged for early repayment will be relatively higher than the bank's liquidated damages. Generally speaking, if the repayment is less than one year, you need to pay a penalty of 8% of the repayment amount, and after one year of repayment, you have to pay a penalty of 5% of the repayment amount.
1. Bank liquidated damages. If an individual applies for a car loan at a bank and wants to repay it early, the bank will charge a certain amount of penalty. The liquidated damages charged are basically 2%-5% of the repayment amount. Some banks also charge several months of interest as liquidated damages. Different banks charge different penalties. However, for car loans that have been repaid for one year, most banks will not charge penalty fees.
2. Liquidated damages of automobile finance companies. And if you apply for a car loan from an auto finance company, the amount of liquidated damages charged for early repayment will be relatively higher than the bank's liquidated damages. Generally speaking, if the repayment is less than one year, you need to pay a penalty of 8% of the repayment amount, and after one year of repayment, you have to pay a penalty of 5% of the repayment amount. Under normal circumstances, the loan contract will generally indicate the relevant provisions for early repayment, so if you want to repay the car loan early, it is best to read the loan contract carefully first. If it is not specified in the contract, you can consult the lending institution that handles the car loan. 3; The provisions on liquidated damages in my country's Civil Code emphasize the concept of compensatory damages, while at the same time recognizing the punitive nature of liquidated damages to a limited extent. On the one hand, the amount of liquidated damages to be paid is determined "based on the circumstances of the breach of contract", that is, the agreement on liquidated damages should estimate the losses that may be caused to the other party due to one party's breach of contract, and should not stipulate an amount of liquidated damages that is disproportionate to the original losses. 4: On the other hand, if the amount of liquidated damages agreed by the parties is lower than the losses caused by the breach of contract, the parties may request the people's court or arbitration institution to increase it appropriately so that the liquidated damages are roughly equivalent to the actual losses. This clearly reflects the compensatory nature of liquidated damages. Liquidated damages are used as a remedy for breach of contract, which not only protects the interests of creditors, but also encourages parties to actively and boldly engage in trading activities and economic circulation. At the same time, Paragraph 2 of Article 114 of the Civil Code also stipulates: "If the agreed liquidated damages are excessively higher than the actual losses, the parties may request the people's court or arbitration institution to appropriately reduce them." That is, if the damages are generally higher than the actual losses, they have no right to request a reduction. , on the one hand, this is to save the parties from the tedious burden of proof, and on the other hand, it shows that the law allows liquidated damages to be greater than the losses to a certain extent. Obviously, the greater part is punitive to the defaulting party. 5: Since liquidated damages are predetermined by the parties through agreement, and liquidated damages not only compensate for the losses of the defaulting party, they also have a punitive effect on the defaulting party. Therefore, the author agrees with the view that liquidated damages have the nature of a guarantee. Liquidated damages are both a form of liability and a unique way to guarantee the performance of a contract. If liquidated damages are stipulated in the contract, the party intending to breach the contract will weigh the consequences of its breach of contract. If an obviously punitive liquidated damages is agreed, especially if the liquidated damages exceed the benefits brought by the breach of contract, any reasonable person will Everyone will choose to continue to perform the contract after weighing the pros and cons. Therefore, liquidated damages have the property of guarantee, and the stronger the punitiveness, the stronger the guarantee effect.