What's wrong with this lawyer?!-Chapter 977 - 316 Old Tang: It seems like someone was just talking about me

Many people think that since the transfer of ownership of movable property is based on delivery, then is it possible to buy a car, then claim the vehicle has issues and demand triple compensation in return?

Such cases are basically very difficult to realize.

“Consumer Rights Protection Law” Article 2 stipulates that the rights and interests of consumers are protected by this law when they purchase goods or services for daily consumption needs.

But the simplest example: Does buying a residential property for one’s own living count as purchasing goods for daily life needs?

It seems like it does count, so why would the Supreme Court still need to issue a judicial interpretation expressly stating that the sale of residential properties is not covered by the Consumer Rights Protection Law?

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Because the value is too high, and this involves another aspect—the law is never purely legal.

The same applies to vehicles. The basis for triple compensation is that there must be fraudulent behavior, and this fraudulent behavior must affect your purchasing decision.

Many people don’t understand this, so let’s explain it with cases.

The case of the luxury car triple compensation that shocked the entire network went all the way to the Supreme Court, which ultimately decided to revoke the High Court’s “triple compensation” judgment and ordered the seller to compensate 110,000 yuan.

But you have to know that the plaintiff in that case demanded the return of the car purchase price of more than 5 million yuan, plus compensation of 16 million yuan. Just going through the trial process, the litigation fees, lawyer fees, and even appraisal fees didn’t know how much had been paid.

110,000 yuan is nothing compared to these amounts.

The Supreme Court found that the curtain issue of that luxury car and the problem with the front car paint did not substantially affect the buyer’s objective in contracting, and the key point was that the 4S store reported these issues to the company’s online system after discovering them.

Therefore, it was ruled that the 4S store did not commit fraud, but it did violate the consumer’s right to be informed, hence the decision to compensate 110,000 yuan…

Another case, also sensational all over the network, was the case of a certain big V and a specific car brand demanding triple compensation. After going through first and second instance trials and a retrial, which lasted more than three years, the plaintiff finally won, and the specific car brand refunded over 370,000 yuan of car purchase fees and compensated 1.13 million yuan.

That was because that car was an accident car, which means it had been cut and welded together once more, but the car brand concealed this fact while selling the vehicle, and that’s why they lost the case.

So you can see, in the case of high-value special movables, the court is especially cautious during judgment. It must be a significant issue deliberately concealed before triple compensation is likely.

These cases were specially studied by Old Tang at the law firm, so Li Wanting was very clear about them.

“And if you choose the former, the litigation costs will be a bit high,” Li Wanting spoke again.

As a lawyer, you must tell all the circumstances to the client, including the possibility of losing the case, as well as the risks of litigation.

These two litigation claims definitely cannot be submitted together; they are an “either-or” situation, you can only choose one, and the other can be claimed separately.

Tong Yunyu, with her head lowered, thought for a while, finally said: “Then we might as well demand the repair of the car and additional compensation. If we lose the case for a return or exchange, they will definitely laugh at us.”

Li Wanting nodded: “Ms. Tong, that’s a wise choice. I will go back and prepare now, but I must tell you again, the money compensated will certainly be far less than what you expect. You should be mentally prepared.”

There’s no helping it. Although Tong Yunyu is very angry, the court is not like other places. Asking for an exorbitant amount will cost a huge amount in litigation fees, and if we don’t win, it’s all in vain.

Watching the client leave, Li Wanting then turned to Wang Jing: “How do you feel about it?”

Wang Jing, who had been silent the whole time, finally said: “It feels completely different from what I imagined about working on cases…”

“Of course it’s different, what’s learned from books is just that, from books. In practical work, we must consider all factors, among which economic factors are the most important, without exception!” Li Wanting explained carefully.

“After all, we lawyers are essentially service personnel, intended to serve our clients with the law. Legal expertise is one aspect; more so, it’s about considering the feelings of our clients.”