1, indicating that the other party purchased the car by rent, and the car is likely to be in the company's account, and it will be transferred after you pay back the money for 3 years. The first transfer requires the cooperation of the other party, which may not be smooth, and the second transfer becomes a used car. You can terminate the transaction without signing a contract.
2. Car loan is not a lease contract. First of all, it should be clear that the car loan contract and the lease contract are not the same contract. The lease contract is that the lessor rents the goods to the lessee for use. In this process, the lessee should have the right to use the goods rather than the ownership. A car loan contract is a document that proves that you have a loan relationship with a lending institution.
3. When we make a loan, we should be careful that the loan contract becomes a lease contract. Generally speaking, when we go to the bank for a loan, we all sign a loan contract. There is no lease relationship between you and the bank. If you encounter such a contract, you must not sign it. It may be a staff mistake.
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First, when signing a loan contract, we should pay attention to the following points:
1. Check the loan contents (including loan amount, currency, interest rate, number of installments, repayment method, etc.) for errors. ).
2. Check the bank information and loan payment method.
3. After signing the contract, the bank will hold the contract with you. Sometimes, the bank may not give you the contract, so we must ask the staff to get it.
4. Don't sign a blank contract.
Second, financing lease to buy a car
To put it bluntly, it is actually "purchasing by rent and paying by installment" to buy a car. At present, the mode of "1+3" is usually adopted to buy a car through financial leasing. Consumers rent a car with low down payment 1 year, during which the ownership of the car belongs to the car sales platform. After 1 year, users can choose to pay in one lump sum, or apply for up to 36 installments, or return the car, or continue to lease it.
Third, there are some differences between buying a car by financial leasing and buying a car by loan.
The biggest advantage of financial leasing to buy a car is that the down payment is low and the business itself is legal and compliant. However, in practice, it often happens that dealers fail to explain the nature of their business to consumers, and even refer to "financial leasing" as "loan to buy a car" in some cases, which is misleading to consumers and the source of disputes and contradictions.
What does it mean that the loan contract for buying a car is a lease?
If the car loan is not a loan contract but a financial lease contract, it is likely that the staff took the wrong materials. After all, a loan contract and a lease contract are different. It may also be the routine of some loan companies. Although the financial lease is legal, because the ownership of the car does not belong to the owner, if the customer's repayment is overdue, the other party may take back the car.
The loan contract can prove the loan relationship between the customer and the handling bank (auto consumption finance company), but the financial leasing contract cannot. Only the lease relationship can be proved, that is, the lessor rents the goods to the lessee for use, and the lessee should have the right to use the goods but no ownership in this process.
In fact, financial leasing allows customers to purchase by rent and pay by installments, but after payment, customers often need to pay another fee before they can officially transfer their vehicles, or they can only return them. If the customer handles the financial leasing business without knowing it, and does not approve the business, he can make a complaint and claim his rights.
A financial lease contract refers to a contract in which the lessor purchases the lease item from the seller according to the lessee's choice of the seller and the lease item, provides it to the lessee for use, and the lessee pays the rent. Financial leasing, which integrates lending, leasing and trading, is a trading model integrating financing and finance.
A financial lease contract consists of a sales contract between the buyer and the seller (the lessor of the lease contract) and a lease contract between the lessor and the lessee, but its legal effect is not a simple superposition of the two contracts.
The main body of the lease contract is three parties, namely the lessor (buyer), the lessee and the seller (supplier). The lessee requests the lessor to purchase the equipment needed by the lessee for financing, and then the supplier directly gives the equipment to the lessee. Its legal characteristics are:
1. Different from the sales contract, the seller of a financing contract performs the obligation to guarantee the delivery of the subject matter and defects to the lessee, rather than to the buyer (lessor), that is, the lessee enjoys the rights of the buyer but does not undertake the obligations of the buyer.
2. Different from the lease contract, the lessor of the financial lease contract does not undertake the obligation to maintain and guarantee the defects of the leased property, but the lessee must fulfill the obligation to pay the rent to the lessor.
3. According to the agreed and paid price, the lessee of the financial lease contract has the option to acquire the ownership of the leased property or return it, that is, if the lessee pays the consideration for the leased property, he can acquire the ownership of the leased property, and if he only pays the rent, he must return the leased property to the lessor at the expiration of the contract period.
Why should a car loan sign a financial lease contract? Why is car loan a lease contract?
Many consumers who want to buy a car will feel a little excited when they see the attractive loan business such as "down payment 10% to buy a new car" launched by 4S stores, but only after signing the contract do they find that something is wrong. Car loan is a lease contract, so why is car loan a lease contract? Is this car loan lease contract legal and compliant?
First of all, consumers should know that this "down payment 10% to buy a new car" business is actually not the loan business of banks or auto financing companies, but the auto financing leasing business, because the down payment of auto loans is generally 30%. Therefore, the owner actually handles the car financing lease, and now he obtains the car by renting and purchasing.
This business process is legal, but in order to increase sales, salespeople may use gimmicks to sell to consumers, making consumers mistakenly think that this is a car loan business, which may involve deceiving consumers. If consumers know it clearly, it is not illegal.
However, in the financial leasing business of purchasing by rent, the ownership of the car in the first year generally does not belong to the owner. If consumers have problems such as overdue repayment, the rental platform has the right to drive a car, which poses certain risks.
In addition, if the car loan is overdue for 1-3 months, the repayment will be notified by phone first. If it is overdue for more than 3 months, the overdue record can be entered into the credit information system, and serious cases can be brought to court. In the past, some courts ruled that the car was rented, and they had the right to tow it away for auction, and the proceeds would be used to pay off debts.
How did the car loan become a lease? Why is car loan a lease contract?
1. Car loan is not a lease contract. First of all, it should be clear that the car loan contract and the lease contract are not the same contract. The lease contract is that the lessor rents the goods to the lessee for use. In this process, the lessee should have the right to use the goods rather than the ownership. A car loan contract is a document that proves that you have a loan relationship with a lending institution.
Therefore, when we make a loan, we should be careful that the loan contract becomes a lease contract. Generally speaking, when we go to the bank for a loan, we all sign a loan contract. There is no lease relationship between you and the bank. If you encounter such a contract, you must not sign it. It may be a staff mistake.