Legal subjectivity:

1. Does the car booking contract need to be stamped with the company seal?

The official seal refers to the seal used by agencies, groups, enterprises and institutions. Since the Ministry of Public Security does not have unified regulations on the procedures for engraving seals, public security agencies in various places have different regulations on the procedures for engraving seals. The procedures vary depending on the type of seal being carved. The special contract seal refers to the act of the parties to a contract affixing the company's special contract seal to the written contract reached through negotiation.

The legal significance of the special company contract seal is: for the parties to the contract, the special contract seal is stamped on the contract to indicate the completion of the offer and commitment stages of the contract and the understanding of the rights and obligations of both parties. The final confirmation confirms that the contract was established through negotiation between the parties and has legal effect on both parties. The parties should exercise their rights and perform their obligations based on the provisions of the contract. In this regard, the "People's Republic of China and Civil Code" clearly stipulates: If the parties conclude a contract in the form of a contract, it shall be established when both parties sign or seal it.

When booking a car contract, the company can affix the official company seal or the contract-specific seal. Both of these seals can represent the company when signing the contract. Any one of them is valid. will be binding on the company.

2. How to write the template of a car sales contract

Buyer: _________________________ (hereinafter referred to as Party A)

Seller: _________________________ (hereinafter referred to as Party B)

Party A and Party B have reached the following agreement on the purchase and sale of vehicles, which *** agree to abide by:

Article 1: Party A purchases a motor vehicle owned by Party B:

Vehicle number: _______________ Color: _______________

Origin: _______________ Model: _______________

Engine number: ______________ (imprinted and pasted)

Chassis number: _______________ (imprinted and pasted) (Printed and pasted)

Article 2: Party A shall pay Party B the car payment of RMB_____________________ yuan. It includes three parts: deposit, first car payment and remaining car payment.

Article 3 Party A’s payment method and term: A deposit of _______________ ten thousand yuan will be paid on the day this contract comes into force, and the first payment of the car will be paid in cash of _____________ ten thousand yuan within three days; the remaining part of the car payment will be paid in cash All payments must be made before the car is transferred.

Article 4: Party B shall immediately deliver a flawless vehicle and vehicle tools on the day it receives the first vehicle payment from Party A. The warranty period against defects is one month from the date of delivery of the vehicle. And ensure that others have no rights to the car.

Article 5: The fees required for account transfer shall be borne by Party A. Party B has the obligation to assist in handling the matter.

Article 6: Party B shall deliver to Party A all true and valid certificates of the vehicle as well as tax and fee payment vouchers.

Article 7: Party B shall ensure that the vehicle is properly maintained and the procedures are complete before delivery.

Article 8 If Party A violates this contract, the deposit will not be refunded.

Article 9 If Party B violates this contract, it shall pay Party A a liquidated damages equal to the amount of the deposit.

Article 10 This contract shall take effect from the date of signature by both parties. This contract is made in duplicate.

Party A (authorized signatory): _______

Residential address: __________________

ID number: _______________

_______year_______ Day of month _______

Party B (authorized signatory): _______

Residential address: __________________

ID number: _______________

_______ _______month_______day

3. What are the precautions for signing a car sales contract

1. Detailed information about the vehicle

Signing to buy a car When contracting, it is necessary to clearly stipulate the car's brand, car identification number, engine number, car code (frame number) and other elements of the car itself. In particular, the car code and car identification number should be stated at the same time to prevent car dealers from switching contracts; The main configuration of the vehicle, color (specifically the color of the seats), whether it is a manual transmission or an automatic transmission, and the documents delivered with the vehicle, etc.; the price should state the total price of the vehicle transaction (bare vehicle price or packaged price), payment method and term .

2. Pay more attention to details

When signing a contract, consumers should pay special attention to the details that reflect the dealer’s contractual responsibilities, such as delivery method, location, time; maintenance, repair and other after-sales services (What obligations does the dealer have?); Is free maintenance based on time or mileage? After the delivery time is breached, are the responsibilities of both parties equal?

3. The liability for breach of contract must be clear

In the car purchase contract, special attention must be paid to clarifying the liability for breach of contract, and the method of settlement and the jurisdiction of the contract must be agreed upon. For example, it is clear whether the dealer should pay liquidated damages for delaying the delivery of the vehicle or return the vehicle, etc.

4. The name on the bill must be consistent

Confirm that the seller’s stamped name must be consistent with the name on the car purchase contract and invoice. If there is inconsistency, even if the lawsuit is unclear, it will be very detrimental to consumers. For example, when buying an imported car, due to the multi-level agency system, it is difficult to protect the rights and interests of the car buyer without clarifying the subject of the contract.

5. After-sales service instructions

After-sales service terms should focus on what obligations the dealer should bear (for details, please refer to the "Product Quality Law" and the "Civil Code" , the relevant provisions of the "Consumer Rights and Interests Protection Law").

It can be seen from the above that the car booking contract needs to be stamped with the company seal. Whether it is the official seal or the contract seal, it is valid, because the seal is the company's way of expressing its commitment. Legal objectivity:

"Civil Code"

Article 143

Civil legal acts that meet the following conditions are valid:

(1) The actor has the corresponding capacity for civil conduct;

(2) The expression of intention is true;

(3) It does not violate the mandatory provisions of laws and administrative regulations, and does not violate Public order and good customs.

Civil Code

Article 490

Where the parties conclude a contract in the form of a contract, both parties shall sign, seal or fingerprint when the contract is established. Before signing, sealing or fingerprinting, one party has performed its main obligations and the contract is established when the other party accepts it.