Legal analysis: it is illegal. The business process of the financial leasing company is as follows: 1. Select the best leasing company; 2. Apply for lease entrustment and credit review; 3. The enterprise entrusts the leasing company to conduct equipment selection and price negotiation; 4. The lessee, lessor and supplier sign a purchase agreement; 5. The leasing enterprise signs a lease contract with the leasing company; 6. Notarization of bidding for financial leasing contracts; 7. The manufacturer will directly deliver the equipment ordered by the leasing company to the lessee when it expires, and notify the leasing company at the same time; 8. Handling inspection and insurance; 9. Pay the rent; 10. The lessee may sign a maintenance contract with the manufacturer providing the leased property or other relevant suppliers, and pay relevant fees; 1 1. Pay the tax payable to the tax authorities; 12. When the capital lease contract expires, the leased enterprise shall withdraw the lease, renew the lease or keep the purchase in accordance with the provisions of the lease contract.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 707 Where the lease term is more than six months, it shall be in written form. Article 707 Where the parties fail to confirm in writing that the lease term exceeds six months, they shall do so in writing. If the parties fail to determine the lease term in writing, it shall be regarded as an indefinite lease. If the lease term is fixed, it shall be regarded as an indefinite lease.
Article 710 Where the lessee uses the lease item in accordance with the agreed method or the nature of the lease item, thereby causing losses to the lease item, it shall not be liable for compensation.
Chengdu: Loan to buy a car and turn into a car rental. Who is to blame?
A large part of it is the problem of banks.
The car loan has become a lease, which is probably the financial leasing business that the user originally handled.
General car loan down payment is not less than 30%. If you buy a new car with zero down payment, 10% down payment is likely to be a financial leasing business. The model of this business is that consumers rent a car with low down payment 1 year, during which the car is owned by the seller. After 1 year, users can choose to pay in one lump sum, or apply for installment repayment and return the car to continue the lease. Therefore, when consumers borrow money to buy a car, they must read the loan contract they signed clearly. If it is a financial leasing contract, it is a financial leasing business.
Is it normal for car loans to become leases?
It is also normal for car loans to become leases, most of which are caused by consumers not seeing clearly. However, if you want to buy a car by stages at first, and the right to use the car will be yours after the loan is paid off, instead of becoming a lease relationship, please be sure to read the contract carefully.
Car loan refers to the loan issued by the lender to the borrower who applies for buying a car. Automobile consumption loan is a new loan method that banks issue RMB-guaranteed loans to car buyers who buy cars at their special dealers. The interest rate of automobile consumption loan refers to the ratio of the loan amount to the principal given by the bank to consumers, that is, borrowers, for purchasing their own cars (non-profit family cars or commercial vehicles with less than 7 seats). The higher the interest rate, the greater the repayment amount of consumers. For each clause, know the nature of the signed contract.
1, personal loan car purchase business is divided into direct customers, indirect customers and credit card car loans. The direct customer type is generally a bank car loan for customers to meet directly, and the indirect customer type is generally a car loan from an auto finance company to a customer car loan. The fees charged by banks for direct car loans include deposit, principal and interest, and 3% guarantee fee. And the bank's premium customer fees will be discounted, but the preferential policies of each bank are different. In addition to the above fees, personal auto financing companies also need to bear supervision fees, fleet management fees and warranty renewal deposits. There is a credit card car loan, which only provides installment payment for bank credit card users, not all conditions can be handled, and there is also an audit procedure, which is difficult for credit card users with bad credit records to handle.
2. The specific steps of buying a car by credit card are roughly as follows: the cardholder (or applicant) calls the credit card center of the bank or goes to the local bank to inquire whether he can apply for a credit card car loan. The cardholder takes his ID card to the dealer's site to fill in the installment order for car purchase and submit it to the bank for background review. After the order is approved, the cardholder pays the down payment and goes through the normal car purchase procedures. After the vehicle is licensed, the cardholder needs to go to the bank to go through the mortgage formalities and purchase the required auto insurance. Finally, I can drive the car away smoothly.
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.