Recently, Mr. Chen, a citizen of Changle, reported on the platform of Wisdom Haidu that he selected a new energy vehicle at Ruichi New Energy Fujian Chen Hao Store in Cangshan District, Fuzhou (hereinafter referred to as "Ruichi") and paid a deposit of 3,000 yuan. At the same time, Ruichi staff helped him with the loan. Two days later, Ruichi's staff told Mr. Chen that he needed a financial lease contract, and called it a loan contract, which made Mr. Chen very puzzled and refused to sign it. To this end, Mr. Chen decided not to continue to buy vehicles, hoping to refund the deposit, but was rejected by the staff.

Buyer:

The staff did not explain that they were engaged in financial leasing business.

On May 8th, Mr. Chen chose a white Ruichi New Energy Vehicle in Cangshan District Ruichi New Energy Fujian Chen Hao Store, and immediately paid a deposit of 3,000 yuan. At the same time, Mr. Chen finally decided to ask Ruichi's staff to help him with the loan, considering that it was more troublesome to go to the bank to apply for the loan.

"I always tell them that I want to apply for a financial installment loan from the bank." Teacher Chen said that on the 9th, Ruichi staff introduced him to the situation of financial loans. He made it clear that he would apply for an installment loan from the bank. On June 5438+00, the staff came to Mr. Chen's residence in Changle to apply for a loan. During the handling period, Mr. Chen repeatedly asked whether the loan was a bank financial installment loan, but the staff did not respond positively. "They asked me to do face recognition and fill in information."

Until 2: 59 pm that day, Mr. Chen received a short message saying, "You are handling the transportation vehicle financing lease business. Tips: You are about to apply for identity information authentication to Anji Leasing Co., Ltd. or its branches, and sign a vehicle financing lease contract and a vehicle mortgage contract. As an ongoing business transaction. " This surprised Mr. Chen. How did financial installment loans become financial leasing business?

In this regard, the salesperson explained that the lease contract and the financial installment loan contract are of the same nature. But Mr. Chen still couldn't accept it, refused to sign it, and decided not to continue buying a car, hoping to return the deposit. However, the staff only refused Mr. Chen's request for refund on the grounds that the loan had been approved.

Seller:

Understand that the business handled by customers belongs to financial leasing business.

"In fact, many car owners have chosen the financial leasing business now. This method is similar to bank repayment and requires a mortgage title certificate. " According to Ms. Lin, it is stipulated in the financial lease contract that "when the lessee expires and fulfills all the obligations and legal obligations stipulated in the contract as scheduled, the lessee can choose to keep the purchase method to deal with the leased vehicle, and pay the lessor the retention purchase price and other payables of the leased vehicle (including accessories), and the lessee obtains the ownership of the leased vehicle (including accessories). Among them, the retained purchase price is 1 yuan. " In order to dispel Chen's concerns, she suggested that Chen could sign a vehicle ownership confirmation letter with the leasing company, but Chen refused.

Regarding whether Mr. Chen knew that he was engaged in financial leasing business on 10, Ms. Lin said that before and after face recognition and information filling, the contract clearly stated that the contract was a financial leasing contract.

Lawyer:

The two parties have not formed a legal relationship of financial leasing.

Lawyer Kang Guojun of Fujian Xinshitong Law Firm said that financial leasing refers to the legal relationship that the lessor buys the leased property from the seller according to the lessee's choice of the seller and the leased property, provides it to the lessee for use, and the lessee pays the rent. This is essentially different from the installment payment in the business relationship. Installment payment is a commercial transaction, and the buyer not only obtains the right to use the traded goods, but also obtains the ownership of the goods. Financial leasing is a kind of leasing behavior. Although the lessee actually bears the costs and risks caused by the leased property, legally speaking, the ownership of the leased property is still nominally owned by the lessor. Anji Leasing Co., Ltd. can't deliberately change the legal relationship in order to reduce the loan risk and demand to retain the ownership. Even if both parties sign the so-called vehicle ownership confirmation letter, it will not change the fact that the vehicle has not been transferred to the buyer.

In addition, according to Article 49 1 of the Civil Code: "The parties conclude a contract by letter, data message, etc. It is also required to sign a confirmation letter, and the contract is established when the confirmation letter is signed. " As Mr. Chen has not signed an electronic contract, the legal relationship of financial leasing between the two parties has not yet been formed, which is not legally binding on both parties.

The deposit paid by Mr. Chen should be analyzed from two angles: first, if Ruichi Store requires Mr. Chen to buy and sell by means of financial leasing, it is a fundamental change agreed by both parties, and Mr. Chen is no longer required to confiscate the deposit according to the deposit penalty; Second, if you can go through the bank loan procedures and Mr. Chen refuses to leave again, Ruichi Store has the right to confiscate the deposit. However, if it is impossible to apply for a bank loan due to Mr. Chen's qualification, Ruichi Store shall refund the deposit according to the contract.

Related questions and answers: Is Anji Leasing a car rental or a loan? Anji Leasing is a car rental, which belongs to the financial sector of SAIC Group. Based on years of industry experience, SAIC Finance Co., Ltd. sincerely cooperates and pursues excellent financial solutions. This is also the reason why SAIC Loan will take Anji Leasing, because Anji Leasing Co., Ltd. is one of the member enterprises of SAIC Finance.

Matters needing attention in car rental:

As a lessee, we must first examine whether the leased property is prohibited by laws and regulations, including the following situations: the relevant documents of the leased property have not been obtained according to law.

As a lessee, in order to prevent fraud, it is stipulated in the contract that if the lessee is the owner of the leased property, relevant supporting documents must be provided.

In order to avoid disputes, the basic information of the leased property should be clearly stipulated in the contract, such as the specification, quality and quantity of the leased property.