AskA: now judai,4SShop to collect3A point of the agency fees, loan10Million to3A thousand. This Is it right? A black income? Some people don't pay?

Answer: in real life in the process of car consumption loans, car4SShop to purchase a car makers often pay a commission. And the4SShop on the agency fee is not, in fact is a superficial reform, such as "credit rating agency" "financial agency" "credit investigation fees" or "mortgage agency fees", price according to the amount in the purchase a car1500Yuan to3000Yuan.

Lawyers think this type of behavior constitutes a violation of the law, can solve the complaint to the business sector and the consumer council.

China's "unfair competition law" Twelfth stipulation: Sales of commercial operators, not sale against the wish of the buyer or attach other unreasonable conditions.

About tying or attach other unreasonable conditions is refers to the operator to use its economic advantage, against the wishes of buyers, in the sale of a commodity(Or provide a service), requires the purchaser to buy another product(Or take another service)As the condition, or goods(Or service)Unreasonable restrictions on price, sales targets, sales area etc..

Provisions of the State Administration for Industry and commerce "on how to identify the other operators having problems monopolistic status shall reply", car4SThe shop belonging to the "Anti Unfair Competition Law" provisions"The other dominant operator in accordance with the law".

In real life4SShop "service fees charged to consumers" behavior is a violation of the consumer behavior of additional unreasonable conditions. So4 SThis kind of behavior shop suspected of violating China's "Anti Unfair Competition Law".

Although "unfair competition law" article twelfth did not specifically enumerated law prohibits the additional conditions, is just the principle provisions operators shall not be contrary to the wishes of the parties and the additional unreasonable conditions, generally speaking, to measure whether reasonable standard is equality, voluntariness, the principle of fair competition, in accordance with this standard is reasonable, otherwise it is not reasonable. Application of this standard, the intention of the parties to the comprehensive, objective, market position, product characteristics, the market structure for comprehensive analysis and judgment.

At the same time, tying or additional unreasonable conditions behavior must also is banned in contrary to the wishes of buyers case. If the buyer is willing to accept the operator additional conditions, then the additional condition is valid, that is part of the agreement between both parties, it may not exist unfair problems. 

Legal advice

Lawyers believe that consumers in the purchase of his car at the same time, do not blindly signing because eager car, should enhance their awareness of legal rights. Before the buyers and sellers signed sale contract should carefully review the relevant, the relevant provision of the contract terms of the contract content seriously questioned the sales staff, when necessary, can consult the legal professionals.Meet the seller forConsumer demand"The agent fee"Etc.,Consumers can also call12315Report to the Department of industry and commerce, to safeguard their own interests.