One Sells Cars Dangerous for Driving

• 8.06.2022, 10:47

Investigation.

Not so long ago, abw.by published the story of reader Alexei, who, after buying a Mazda Premacy in a capital auto house, visited a service station where specialists, after examination, marked the vehicle with "The vehicle has malfunctions that endanger traffic safety".

This story could be put in one row with similar ones. However, it was not an isolated case.

Who was the seller?

Alexander was going to buy a 1999 Kia Sportage. The car was at 163 Independence Ave., parking lot 44, Credit-Garant LLC. There are many other auto houses there, where the "second-hand" cars are traded briskly.

"I was told the car was in good condition, technically serviceable," Alexander begins his story. - The act of examination and evaluation of the technical condition of the vehicle stressed "satisfactory condition". I gave money, bought the car and got the bill of sale, registered in the name of my sister. She was present at the deal. The salesman Gavrilov A. V. signed the bill of reference. Then I went to the service station to check the condition of the car. It shocked me.

"Satisfactory condition" one can judge from the photos. According to our evaluation, rust is almost everywhere. There are holes in some places. Some parts are rewound with wire and pulled with harnesses. "Reliable" solution, and most importantly - bold:

"I realized," Alexander continues, "the car had to be returned and the money taken back. When I took the bill of sale out of the glove box I noticed the seller was not Credit-Garant LLC. as it was written in the advertisement and whom I was negotiating with but MirAvtoBel LLC. How did I fail to pay attention to that at once?"

Alexander decided he would deal with it on the spot. He went back to the auto house, made a claim, and attached a diagnostic report. After waiting a moment, the salesman agreed there were "questions" about the car and said one was ready to take it back.

"They sign a commission agreement with me. The commissioner who sells this car is Kredit-Garant LLC".

The agreement specifies the owner of the vehicle, the person who has transferred it for commission, as written in the certificate of registration. I do not know this person. It turns out that I give the car and the documents, but I am not in the transaction according to the documents", Alexander says. - This is completely wrong. The owner was not present. According to this logic, there should be a new act of inspection with the commission. Its member should be the owner of the car, who should fix the inspection with his/her signature. Where is this person?

Certificate

Only the owner (the consignor) or a person authorized by him by power of attorney has the right to transfer the car for commission and conclude a contract. The presence of such a person (with an ID) is mandatory (paragraph 29 of the decree of the Council of Ministers № 744 "On approval of the rules of commission trade in non-food goods").

After a while, the seller - I'm already confused which one - said one could not return a "used" car, "sue, please". That's it. They do not say anything on the phone; the situation is at a standstill".

Resolution of the Council of Ministers № 703 "On the sale of certain types of goods, catering and the order of development and approval of the assortment list of goods says buyers, who sold used non-food goods of inadequate quality, if their defects were not stipulated by the seller, have the right to claim under the legislation on protection of consumer rights.

Questions Unanswered

"Used" cars are returnable if they are of inadequate quality. The requirements under the law of consumer protection include replacement of goods, termination of the contract with a refund, elimination of defects, and so on.

Two organizations were involved in the sale of the car to Alexander - Credit-Garant LLC. and MirAvtoBel LLC.

Credit-Garant LLC indicates the zip code and P.O. box in the commission agreement, although the law requires full details of the commission agent. The advertisements show the address: 163, Nezavisimosti Ave., Minsk, parking lot 44, where Alexander bought the car. However, the legal address of the organization was in a house on Zhudro Street, 61, Minsk.

The journalists called the telephone number indicated in the ads. The man who answered the phone asked several times what they wanted to know. The journalists say they want the director's contact number and briefly explain the reason for the call, but the man refuses to name it and hangs up.

Okay, the journalists already know the director's phone number. They just wanted to follow the whole chain, starting with the advertisement. They give a call. Girl Alesya answers, she introduces herself as a director of Credit-Garant. Brief content of the conversation: "I do not know why there is one seller in the advertisements - our company - but they sell cars with a license from another company. I hear about it for the first time. We have no contractual relations with MirAvtoBel. I don't know their director A. Gavrilov. I have no information about trials. I will look into it". Alesya sounded so reserved.

The bill of sale of MirAvtoBel LLC shows the address: 24/3 Chaykovskogo St., Molodechno. According to Yandex.Maps, this is the territory of the bakery. There's also another address: 125, M. Lynkova St., Minsk. The maps specify it as a "warehouse, industrial infrastructure".

The phone number of A.V. Gavrilov, who was mentioned in the bill of sale as a seller of MirAvtoBel, is also known to us. Unfortunately, we didn't manage to have a proper conversation with him. We asked two questions: why one company was specified in the commission contract, but the cars were sold under the bill of sale of MirAvtoBel, which had no relation to that company, and how did one determine the technical condition of cars before the sale, by entering information in the certificate of inspection?

What was the answer? "I doubt you are the AutoBusiness lawyer. You are acting in a rude way. I'm talking to a stupid citizen, a stupid person. You are stupid. What is the point of your question? (Although the question was asked four times.) Don't call here anymore. You are distracting me". In general, we did not get any answers.

Let us move on. Here is the court's decision in absentia(the defendant didn't come) of Frunzenski District of Minsk on the claim of our reader Alexei. His story is the one we started with. Since A.V. Gavrilov (MirAvtoBel LLC) appeared in court, the decision in absentia was cancelled, and the trial continued - Autobusiness is following the developments. Alexander, who bought Kia Sportage there will also sue.

Story of My Life

One may argue for a long time about buyers' reckless attitude. The law on consumer protection assumes a buyer has no special skills to determine the quality of goods. It is the seller's responsibility to provide all true and complete information about the product and demonstrate it.

We will not appeal to the conscience of car sellers. Do they even think whether or not their customer will make it home after purchase? We don't know, but we believe not. It comes from the actual condition of cars and documents that estimate the condition as satisfactory.

Bills of sale, dubious transactions, questionable registration - mass media have repeatedly mentioned this topic, including the representatives of the Department of Operative Measures of Tax Inspectorate in their Telegram channel. After all, one can visit the traffic police website and learn what documents are necessary when buying or selling a car. Nevertheless, it is the story of my life.

P.S. While this text was being prepared, a man came to the editorial office of Autobusiness and told another story. His sister bought a car which was repeatedly hit. "My sister bought the car this way: a girl drove BMW and wrote out a bill of sale that listed A.V. Gavrilov as the seller. Is it possible to rescind the contract?" the reader asks.