How to write a car sales contract
In second-hand car transactions, a standardized car sales contract is an important document that protects the rights and interests of both buyers and sellers. The following is a detailed guide to writing a car sales contract, combining recent hot topics and structured data to help you quickly grasp the key points.
1. Recent hot topics related to car sales contracts
Topics related to second-hand car transactions that have been hotly discussed on the Internet in the past 10 days include: disputes over the value retention rate of new energy vehicles, a crisis of trust in second-hand car platforms, and a surge in personal transaction disputes. These hot spots highlight the importance of standardized contracts:
| hot topics | Impact on contract terms |
|---|---|
| Controversy over battery degradation in new energy vehicles | The battery health test report needs to be clearly marked |
| Second-hand car meter adjustment car exposed | Mileage authenticity guarantee terms should be added |
| Dispute over engine failure after transaction | It is recommended to agree on a specific quality guarantee period |
2. Core elements of a car sales contract
A standardized car sales contract should contain the following eight core parts:
| serial number | Terms Category | Essential content |
|---|---|---|
| 1 | vehicle information | VIN number/engine number/registration date/color |
| 2 | transaction price | Price including tax/payment method/deposit ratio |
| 3 | Title guarantee | No collateral/no seizure/no accident statement |
| 4 | vehicle condition | Mileage/maintenance records/car items |
| 5 | Transfer responsibility | Procedure handler/time node/cost sharing |
| 6 | Liability for breach of contract | Calculation of liquidated damages/unilateral termination conditions |
| 7 | dispute resolution | Governing Court/Arbitration Clause |
| 8 | special agreement | Personalized supplementary terms |
3. Detailed explanation of key terms
1. Vehicle information terms:It must be completely consistent with the driving license, and it is recommended to attach a vehicle configuration list. Recently, there have been many disputes caused by concealment of vehicle modifications. The modification parts and legality should be clearly marked in the contract.
2. Ownership guarantee terms:According to data from the China Judgments Network, second-hand car ownership disputes will increase by 37% year-on-year in 2023. The seller needs to promise: "The vehicle does not have any form of ownership disputes, and no mortgage, pledge or other security rights have been established."
3. Vehicle condition disclosure:With reference to the latest "Measures for the Administration of Circulation of Used Cars", it is recommended to adopt hierarchical disclosure standards:
| Vehicle condition level | Testing standards | Contract corresponding terms |
|---|---|---|
| Class A | No structural damage | Promise that the body frame is intact |
| Class B | Cover replacement | List of replacement parts |
| Class C | major accident car | Special warning terms required |
4. Things to note when signing a contract
1.Double certificate verification:The buyer’s original ID card must be checked for consistency with the information on the motor vehicle registration certificate. Recently, there have been many cases of fraud using fake IDs.
2.Payment link:It is recommended to agree on "pay the balance within 2 working days after the transfer is completed" to avoid the risk of transferring the ownership first and paying later.
3.Default clause:Referring to industry practice, the deposit penalty is generally stipulated as follows: the deposit will not be refunded if the buyer defaults, and double the amount will be refunded if the seller defaults.
5. Example of contract template
The following is a simplified version of the contract framework, and the specific content needs to be adjusted according to the actual situation:
| Clause name | Sample content |
|---|---|
| vehicle description | Brand: ______ Model: ______ Initial registration date: ______ |
| transaction price | RMB ______ yuan (including transfer fee), deposit ______ yuan is paid on __ month __ |
| quality assurance | The seller guarantees that under normal use of the vehicle, the engine/transmission will have no major faults for 30 days. |
| Liability for breach of contract | If either party breaches the contract, it must pay 20% of the contract amount as liquidated damages. |
It is recommended to go through the vehicle handover confirmation procedures in a timely manner after signing the contract, and keep photos and video evidence of the current status of the vehicle signed by both parties. If transfer of ownership in another place is involved, special attention must be paid to restrictions such as emission standards. Recently, many cities have updated their used car import policies. You should check the latest regulations before signing a contract.
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