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Source: Shanghai Legal News

Recently, rumors such as "BMW China withdraws from price war", "BMW's entire series has increased in price", and "being asked to pay an additional 30,000 yuan when picking up the car" have attracted the attention of consumers.

Some consumers reported that 4S stores in many parts of the country were refusing to deliver cars on a large scale. On July 21, the related topic ranked first on Weibo's hot search list.

BMW 4S stores in many places refuse to deliver cars

"If you had come last month, you could still get a price starting with 1 (note: tens of thousands). It's definitely not that cheap now." A salesperson at a BMW 4S store in Shanghai's Minhang District recently confirmed the price increase rumors to reporters.

According to Blue Whale News, recently, consumers in many parts of the country have reported encountering BMW's unfair terms. The BMW cars they had previously ordered were refused delivery by 4S stores, and the salesperson temporarily demanded a price increase before they could pick up the car.

A consumer from Chongqing told Blue Whale News: "I signed a car purchase contract with Chongqing Baoyu Automobile Sales Service (Group) Co., Ltd. on May 29. The car model is BMW i3, the price is 174,500 yuan, and I paid a deposit. At that time, the salesperson said there was no problem picking up the car, but when it was time to pick up the car, the defendant asked me to increase the price by 30,000 yuan."

The consumer also said: "I negotiated with the 4S store many times, and then the other party said that I could pick up the car by paying more than 10,000 yuan. Later, the manager said that there were no cars and production had been stopped. During the many days of negotiation and communication, the 4S store gave different statements every day and the responses were erratic."

A consumer from Zhengzhou revealed: "I ordered a BMW i3 from Zhengzhou Baolianxiang Automobile Sales and Service Co., Ltd. at the end of June. The contract has been signed, the deposit has been paid, and the loan plan has been approved. At that time, the account manager said that it would be delivered in four or five days. But when it was almost time for delivery, I was told that the price of the car would be 20,000 yuan higher and that it would be replaced with a three-year interest-free financial plan, otherwise I would not be allowed to pick up the car."

In recent days, consumers in Chongqing, Zhengzhou, Shenzhen, Suzhou, Dongguan and other places have reported that they encountered price increases before picking up their cars. Blue Whale News found that this time BMW 4S stores have refused to deliver on a large scale. The car models are mainly concentrated in the i3, ix3, and 3 Series. Most consumers ordered cars in late May and June, and were asked to temporarily increase the price by 30,000 yuan when they picked up the cars in July.

Even for consumers who get these models, the process of picking up the car is very difficult. Even if the contract formalities are complete, consumers have to urge many times before they can complete the car pick-up.

The reasons for refusing to deliver vary. For some consumers who have signed contracts and paid deposits, the stores responded that the car has been discontinued or production has been reduced. For those who have only paid deposits but not signed contracts, the stores responded that "the approval of the headquarters has not been passed".

Many consumers expressed that they could not accept this kind of behavior. Being refused delivery or being asked to increase the price temporarily after the contract has been signed and the deposit has been paid is tantamount to unfair terms.

BMW sales: Maximum price increase of 30,000 yuan

The Paper recently visited stores and learned that in the first half of this year, BMW 4S stores' sales did not recover due to the sharp price cuts, and many stores faced great operating pressure. In the second quarter, BMW began to provide a number of support policies for 4S stores across the country, covering new and used cars, as well as finance and after-sales services, which relieved some of the pressure on 4S stores.

Regarding the claim that "BMW's entire series has increased in price", the aforementioned salesperson said, "It doesn't mean that all prices have increased. There are still many models whose prices have remained relatively stable with little fluctuation."

She said that the biggest price increases were mainly concentrated in young models, with the highest actual price increase reaching around 30,000 yuan. For example, the current price of the BMW X3 Leading model is 350,000 to 360,000 yuan, while the lowest price a month ago was around 330,000 yuan.

Another example is the BMW "floor price" model iX1, whose landing price once dropped to 190,000 yuan. A salesperson at a Shanghai BMW 4S store said that the current landing price of the iX1 has risen back to more than 200,000 yuan. However, a BMW dealer in Zhejiang revealed that since the iX1 does not have the advantage of a "green license plate" in Zhejiang, it can still be picked up at 200,000 yuan under the condition of one customer, one price.

In the first half of this year, due to the raging price war, the sales performance of the auto market was generally not ideal. BMW's sales in China, the largest single market, also declined. Official data showed that BMW (including MINI) sold 375,900 vehicles in the Chinese market in the first half of the year, a year-on-year decline of 4.2%, while global sales increased by 2%.

It should be pointed out that the "price increase" is relative to the price of the previous large discount, and it is not a direct price increase based on the official guide price. A more common understanding is that the discount has been reduced.

Lawyer: 4S shop behavior is illegal, consumers have the right to refuse

BMW's strategic layout changes have made consumers pay for it. The contract signed at the beginning has now become a piece of waste paper. The unilateral breach of contract by the 4S store has caused great harm to consumers.

Chen Jinbo, a lawyer at Beijing Yingke (Guangzhou) Law Firm, said that the behavior of the 4S store is illegal. When consumers buy cars from 4S stores, it is a sales contract relationship. Consumers have signed a contract with the 4S store and paid a deposit. The sales contract is established and effective. The 4S store's refusal to deliver the car and the temporary increase in price for the car violated the contract agreement and the relevant provisions of the Consumer Rights Protection Law, the Price Law, and the Civil Code.

According to Article 577 of the Civil Code, "If a party fails to perform its contractual obligations or performs its contractual obligations inconsistent with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses."

Lawyer Chen Jinbo reminds consumers that when faced with unreasonable practices such as charging a higher price to pick up a car, consumers have the right to refuse and try to resolve the issue through negotiation. If negotiation fails, they can file a complaint to the brand manufacturer's customer service hotline or 12345 or 12315. If the complaint fails, they can sue the 4S store to require it to fulfill its delivery obligations in accordance with the contract and assume the breach of contract liability for late delivery as stipulated in the contract; or they can sue the 4S store to terminate the contract and demand double compensation for the deposit on the grounds of unilateral breach of contract; or they can sue the 4S store to require it to bear the breach of contract liability as stipulated in the contract; consumers who have been forced to pay a higher price to pick up the car due to the situation can still sue for a refund of the increased price.

Comprehensive from Guanchazhe.com, Blue Whale News, The Paper