The definition of used cars is directly related to the range of vehicles involved, and to a certain extent, it is also related to the scientific evaluation system of used cars and the standardization of market transactions, so it is necessary to give a clear definition.
On June 5438+1 October1day, 2005, the Law on the Management of Second-hand Car Circulation jointly issued by the Ministry of Commerce, the Ministry of Public Security, the State Administration for Industry and Commerce and the State Administration of Taxation was formally implemented. Article 2 of the General Rules of the Measures defines used cars as: used cars refer to automobiles (including three-wheeled vehicles and low-speed trucks, that is, original agricultural vehicles), trailers and vehicles that have been traded and transferred ownership before reaching the national system scrapping standards.
It is understood that before the new "Measures for the Administration of Used Cars" was promulgated, the word "used cars" did not appear in the official documents of the country, but only "used cars". Although the connotation of the two is basically the same, but the formulation is different, the "used car" makes people feel that the vehicle is very shabby, thus affecting people's consumption mood to some extent. In fact, many 70% to 80% new cars have flowed into the second-hand market, so they use "used cars".
Second-hand car refers to a motor vehicle registered by the public security traffic management organ, which can still be used before reaching the scrapping standard stipulated by the state or within the economical and practical service life. This is consistent with the definition in the Measures for the Administration of Used Car Circulation.
What are the advantages of used cars over new ones?
The biggest advantage of used cars is their cheapness. The price of used cars in different years is only one-third to one-half of that of new cars, or even less. Moreover, because the depreciation rate of new cars is relatively high in the first two years, buying used cars avoids the rapid depreciation period of cars, so it also has the advantage of relative preservation. In addition, used cars of certain ages and models are also valuable for collection.
Who is suitable to buy a used car?
Cheap price is the biggest selling point of used cars. You can use the money from buying a new car to buy a second-hand car with a higher grade. Therefore, from the perspective of reducing the cost of car purchase, it is a wiser choice for the general public to buy second-hand cars. There are also some novice drivers who have just got their driver's licenses, but their skills are not too hard. They might as well buy a used car and practice their hands first. Used cars are the best choice for car enthusiasts who want to experience fresh feelings.
Development trend of domestic used car industry
The development of domestic used car industry is becoming more and more perfect, and the trading and services of used cars are becoming more and more diversified, and services such as used car trading information, used car auction, used car evaluation and used car maintenance have emerged. A combination of various service modes. It can reduce people's worries about buying used cars and promote the development of used car industry to a certain extent.
Attention, friends who buy used cars, here is a reference contract for everyone to help them buy with confidence. [Edit this paragraph] "Buy and sell used cars together" (model text)
Formulated by the State Administration for Industry and Commerce
Use it to explain.
1. The text of this contract is a model text formulated in accordance with the Contract Law of People's Republic of China (PRC), the Measures for the Administration of Second-hand Car Circulation and other relevant laws, regulations and rules for both parties to agree on.
Second, the second-hand car mentioned in this contract refers to the cars (including three-wheeled cars and low-speed trucks, that is, the original agricultural transport vehicles), trailers and motorcycles that have been traded and transferred from the completion of registration procedures to the national compulsory scrapping standards.
Three. Before signing this contract, both parties should fully understand the relevant contents of this contract. The seller shall provide the buyer with real information such as vehicle use, repair, accident, inspection, mortgage registration, tax payment, retirement age, etc. The buyer should know and check the condition of the vehicle.
Four. Both parties shall choose the options provided in the terms of this contract according to the specific circumstances, and the blanks shall be completely filled in the form of words.
5. The "other agreed" clauses in this contract shall be agreed by both parties.
The State Administration for Industry and Commerce shall be responsible for the interpretation of the model text of this contract, and it shall be implemented nationwide.
Buy and sell used cars together
Contract number:
Seller:
Domicile:
Legal representative:
(If it is a natural person) ID number:
Telephone number:
Buyer:
Domicile:
Legal representative:
(If it is a natural person) ID number:
Telephone number:
According to the Contract Law of People's Republic of China (PRC), Measures for the Administration of Second-hand Car Circulation and other relevant laws, regulations and rules, the Buyer and the Seller sign this contract on the basis of equality, voluntariness and consensus.
Article 1 Basic information of vehicles
1. Name of owner:;
License plate number:;
Brand model:.
2. See Annex I for the description of the vehicle condition.
3. See Annex II for relevant documents of vehicles.
Article 2 Car price, transfer fee, time and method of payment
1, vehicle price and transfer fee
The price of the car (excluding tax or other expenses) is RMB: Yuan.
(in figures: yuan).
The transfer fee (including tax) is RMB: RMB.
(in figures: yuan).
2. Time and method of payment
The buyer shall pay the price of the car to the seller within working days after the completion of the transfer registration procedures. (If installment payment is adopted, it can be agreed separately.)
The transfer fee shall be borne by Party A. Party A shall pay the transfer fee to the transfer procedures agreed by both parties within working days from the date of signing this contract.
Article 3 Transfer, delivery and risk taking of vehicles
Party A shall, within working days from the date of signing this contract, hand over the originals and copies of all relevant documents and materials required for the vehicle transfer and registration to Party A, and Party A shall be the transfer agent.
The seller shall deliver the vehicle and related documents to the buyer within working days (place) after completing the vehicle transfer registration procedures (see Annex 1).
All risks before the vehicle is delivered to the buyer shall be borne and handled by the seller; All risks occurring after the vehicle is delivered to the buyer shall be borne and handled by the buyer.
Article 4 Rights and obligations of both parties
1. The seller shall deliver the vehicle to the buyer at the time and place agreed in the contract.
2. The seller shall guarantee the legal ownership or disposal right of the vehicle.
3. The seller guarantees that all documents, certificates and information related to the vehicle submitted and provided are legal, true and effective.
The buyer shall pay the price according to the contract.
5. For the vehicles transferred from the local area, the buyer should know and confirm that the vehicles can be transferred at the transfer place.
Article 5 Liability for breach of contract
1. If the vehicle information provided by the seller to the buyer is untrue, the buyer has the right to ask the seller to compensate for the losses caused thereby.
2. If the seller fails to deliver the car and related documents to the buyer as agreed in the contract, it shall pay the buyer a penalty of% of the total price of the car every day.
3. If the buyer fails to pay the price of the car as agreed in the contract, the buyer shall pay the seller a penalty of% of the total price of the car every day.
4. If the vehicle cannot be transferred or registered due to the seller's reasons, the buyer has the right to ask the seller to return the vehicle price and bear all losses; If the vehicle cannot be transferred or registered due to the reason of the buyer, the seller has the right to ask the buyer to return the vehicle and bear all losses.
If either party breaches the contract, it shall compensate for the losses caused to the other party.
Article 6 Ways of settlement of contract disputes
Disputes arising from this contract shall be settled by both parties through negotiation or mediation; If negotiation or mediation fails, it shall be settled in the following ways:
1, submitted to the Arbitration Commission for arbitration;
2. Bring a lawsuit to the people's court according to law.
Article 7 The Contract shall come into effect.
This contract is made in duplicate and shall come into effect as of the date of signature or seal by both parties.
Article 8 Other agreements
Annex I: Vehicle Status Statement (Vehicle Information Form)
Annex II: Vehicle-related vouchers
1, motor vehicle registration certificate
2. Motor vehicle driver's license
3, effective motor vehicle safety and technical inspection marks.
4, vehicle purchase tax payment certificate
5, travel use tax payment voucher
6, automobile maintenance fee payment voucher
7. Vehicle insurance policy
8. Car purchase invoice
(There is no text on this page)
Seller: (signature and seal)
Seller's bank:
Account number:
Account name:
Buyer: (signature and seal)
Buyer's bank:
Account number:
Account name:
Signing place:
Date of signature: year month day.
Filling instructions
First, the basic information of the vehicle:
(a) the content of the "mileage" item should be filled in according to the total mileage actually displayed by the vehicle odometer.
(2) For the contents of "other legal documents and certificates", tick "√" before "□" according to the documents actually submitted, and fill in "other" for those not listed.
Second, the important technical configuration and parameters:
"Other important parameters": truthfully fill in relevant configuration information according to the actual situation.
Third, whether it is an accident car:
Truthfully indicate whether it is an accident car, and tick "√" in the □ "before the corresponding item. If "Yes", the damage location and damage status shall be described in the item "Damage location and damage status". The damaged position is the position that can affect the overall structure of the vehicle, mainly including A, B, C, D pillars, fender inner panel, front longitudinal beam, floor, etc. Damage includes: deformation, welding, distortion, corrosion, folding, replacement, etc.
If No, you don't need to fill in the last item.
Four. Description of vehicle condition:
Only static conditions are described, which shall include the following contents:
(1) Body appearance: it is necessary to describe the damaged parts and conditions of the appearance.
Damaged parts include: fender, door, trunk lid, inside of trunk, roof, bumper, grille, glass, tire, spare tire, etc.
The damage situation includes two parts: state and degree.
Damage states include: scars, dents, bends, ripples, rust spots, corrosion, cracks, pinholes, replacement, paint, marks, stripes, etc.
The damage degree includes: one-dollar coin can cover, 10cm* 10cm paper can cover 20cm*20cm, A4 paper can cover, A4 paper cannot cover, and the pattern depth is less than 1.6mm (tire damage).
(2) Engine compartment condition: The appearance, liquid level and pipeline condition of the engine shall be described.
(3) Condition of the car and electrical appliances: it is necessary to describe whether the car is damaged, whether the car is clean, whether the instruments are normal, whether all parts of the electrical appliances work normally, whether the window sealing and working conditions are normal, etc.
(4) Chassis condition: whether the engine oil pan, gearbox and shock absorber are leaking oil, whether the steering arm ball pin and triangular arm ball pin are loose, and whether the dust cover of the transmission shaft is damaged.
In the above part, if there is no problem, fill in "The vehicle is in good condition". Any problems should be clearly pointed out.
Verb (abbreviation for verb) quality assurance:
Indicate whether the vehicle provides quality assurance, and tick "√" before the corresponding item. If "Yes", you need to fill in the warranty content in the "Warranty Scope" item. If No, you don't need to fill in the last item.
Matters needing attention in buying and selling used cars and matters needing attention in maintaining used cars
In general, don't buy a friend's used car. It's not nice, but it's useful. Because you bought your friend's rotten car, you have to bite your teeth and swallow it. You're too embarrassed to argue with your friends. If you buy a used car, I suggest you buy a new model produced after 2003. As long as the car is properly maintained, it should be in the golden stage. After buying it, you can run without repairing it, and there will be no big problem after running for a few years.
Channels for buying used cars: Regular 4S shops generally operate used car business, and the procedures are very standardized. They have a certain warranty period and procedures, and can sign formal sales contracts, so that their rights and interests will be guaranteed in the future.
Years and kilometers of buying used cars: produced after 2003, and the mileage is within 80,000 kilometers. Neither of the above two indicators can be broken, otherwise it is not cost-effective.
Precautions for buying used cars:
The first is to look at the appearance. Look at the body for paint damage, peeling and obvious scratches. If so, it means that the original owner didn't care enough about the car, or didn't buy it, or bargained badly.
The second is to look at the engine compartment and chassis. It is best to be accompanied by someone who knows the car, open the engine compartment, check whether the engine leaks oil or water, and check whether the engine bracket, girder and steering column are deformed. These are all deadly things. If there is oil leakage or water leakage, it means that the engine needs overhaul and is not worth buying. If the girder, steering column and engine bracket are deformed or repaired, it means that it is a repaired accident car, and you can't buy it at any price. When observing the chassis, it is mainly to see if the chassis is damaged, deformed and rusted. If it doesn't show that the car is in good condition, if it shows that the car's technology is poor or it is not economical to use, you can't buy it.
The third is trial operation. After ignition, listen to whether the idle speed of the engine is stable, whether the sound is crisp and pleasant, and whether there is oil cut-off or car congestion. If so, it means that the engine is in poor maintenance condition and there are hidden dangers in future use. Then try the electronic equipment of the car one by one, such as headlights, turn signals, wipers, sound system, air conditioning system and so on. , to see if it works properly. Then I started pulling it out and sneaking around, trying to see if the brakes and steering were sensitive and if the engine accelerated quickly. If there is no problem, the car is ok and can be bought.
Do you understand? The key is to find the escort who knows the car so as not to be cheated by others.
The following are some places where disputes are more likely to occur in the sale of used cars. Please pay attention to these aspects.
First, the vehicle procedures are incomplete. Complete procedures for used cars should include: vehicle registration certificate (or original purchase invoice), driving license, vehicle purchase tax payment certificate (some vehicles may also be exempt from additional tax, and once they are transferred, they will have to pay a lot of fees), road maintenance procedures and compulsory insurance. If the vehicle registration certificate and driving license are lost and not reissued in time, then the car may be a "black car". If there is a problem of defaulting on compulsory insurance and vehicle maintenance, the buyer will increase a lot of money. When dealing in used cars, if the seller can't complete all the formalities under various excuses, the buyer should be vigilant.
Second, fiddle with the odometer. When many consumers choose used cars, they usually judge the condition of the car by the odometer. Sellers often use the psychology of buyers to cheat on the odometer. In fact, mileage is not only a sign to record the intensity of use, but also a recorder to record the maintenance and replacement of other parts of the vehicle. For example, the engine timing belt should be replaced between 60-80 thousand kilometers, but the bad car dealer adjusted the odometer, and the buyer maintained it according to the mileage after buying the car. Causes the engine timing belt to break ahead of schedule, resulting in engine damage or even scrapping!
Third, the new paint masks the "trauma". When consumers buy a used car, if the old car is repainted and there are repair marks around the front face, tail, A, B and C pillars, it is very likely that a major traffic accident has occurred.
Fourth, "conditioning the heart" raises prices. When buying a car, many consumers often pay too much attention to the "heart" of the car and ignore the health of the car body. Second-hand car sellers have grasped this kind of psychology of consumers, and by replacing engine parts, the "heart" of the vehicle looks young, thus raising the price.
Fifth, the "reform of the camp" muddled through. In the used car market, Fukang, Jetta and Santana are most favored by consumers, but beware of "commercial vehicles turning into non-commercial vehicles". The so-called "commercial-to-non-commercial" vehicles refer to the vehicles that have been used for rental operation, and flow into the used car market through various channels, posing as non-operating vehicles. This kind of car is usually new in color, short in service life and attractive in price. However, the service life of such vehicles is 8 years, and it is impossible to postpone the use.
Sixth, the illegal record has not been processed. There are many used cars for sale in the market with traffic violation records that have not been dealt with. Once you buy such a car, consumers will be "responsible" for the traffic violations of the former owner. Otherwise, the vehicle cannot be transferred.
What procedures do you need to go through in the process of second-hand car trading?
In the second-hand car transaction, the procedures to be handled generally include the seller's vehicle registration certificate, vehicle driving license (within the period of passing the annual inspection), vehicle purchase surcharge certificate, original vehicle purchase invoice (or the last transfer ticket), owner's ID card (provided by the company with legal person code certificate), road maintenance fee payment certificate, vehicle and vessel use tax and buyer's owner's ID card (provided by the company with legal person code certificate).
Vehicle registration certificate, vehicles before the end of 2002 do not have vehicle registration certificate, so it is necessary to carry other formalities of the above-mentioned seller to reissue the registration certificate, and the transfer can only be carried out after handling the registration certificate.
Vehicle driving license and vehicle transaction need to be within the validity period of annual inspection, and the driving license should have valid proof of annual inspection.
The vehicle purchase surcharge proves that the average car owner often ignores this point, but it is necessary to review this procedure in the transaction. Generally speaking, regular trading vehicles have this procedure, but special "black-brand cars", smuggled cars and confiscated cars do not have this certificate. You need to pay the purchase surcharge, and then issue a certificate of transfer.
If the seller accidentally loses the original invoice or the last transfer ticket for vehicle purchase, the individual can write a certificate and sign it, and the unit needs to affix the financial seal of the unit to the certificate.
Owner's ID card. If the owner's ID card expires, you can use temporary id card. If the company changes its name or goes bankrupt, it needs a certificate from the industrial and commercial department.
If the road maintenance certificate and vehicle and vessel use tax are not paid to the trading day, they need to be reissued.
With the falling price of new cars, many consumers who bought cars with loans began to consider selling their cars. The consumer who sells the loan vehicle first goes to the installment company to make up the balance of the vehicle, and then gets back the registration certificate of the vehicle, so as to transfer the used car transaction.
The most common problem in the second-hand car transaction is that after the vehicle transfer transaction, many people think that the vehicle registration certificate and driving license have been transferred and the transfer procedures have been completed. In fact, after the transfer of the vehicle, the owner who bought the surcharge and insurance has to change, so that you can continue to pay, otherwise it will cause more inconvenience in subsequent use.