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January 13, 2010

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Dealer must pay on autos undelivered

AN auto dealer has been ordered to pay 630,000 yuan (US$92,220) in compensation to a car buyer and to return his earnest money for failing to provide two luxury cars, Changning District People's Court said yesterday.

The plaintiff surnamed Shen signed two contracts with the auto dealer, whose name was not identified by the court, last May to buy an Audi and a Mercedes-Benz sedan for a total 3.15 million yuan.

The contracts stipulated that Shen should pay 40 percent of the total price as earnest money.

Once the money went into the account, the contracts would go into effect. Shen was supposed to pay the rest of the money when he got the cars, the court heard.

Shen soon sent 1.26 million yuan as earnest money in the name of his real estate firm.

But the auto dealer learned the manufacturer had stop producing the type of Audi sedan Shen wanted and the Benz couldn't be delivered within the contract's three-month time limit.

The court believed the 1.26 million yuan was earnest money Shen had paid based on the remittance receipts and letters between the two sides.




 

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