Behind the 5-day transaction of 2.8 billion yuan at the Shenzhen Auto Show: Lawyer interpretation of deposit, subsidy, and delivery disputes in car purchase contracts
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On October 5, 2026, the 18th Shenzhen International Automobile Exhibition ended at the Convention and Exhibition Center (Futian). According to statistics from the organizers, the total number of visitors during the five-day exhibition was about 420000, with 14759 vehicles booked and sold, and a total booked transaction amount of nearly 2.8 billion yuan. Brands such as BYD, HarmonyOS, Lantu, Xiaomi, and Hongqi made a concentrated appearance, coupled with the halving of the purchase tax for new energy vehicles, subsidies for car trade in, and special subsidies at the city level in Shenzhen and district level in Nanshan and Bao'an. The enthusiasm for buying cars during the National Day holiday was fully ignited.
From a lawyer's perspective, the car show transaction data is impressive, but behind the four words "booking transaction" lies a large number of legal issues: are consumers paying a "deposit" or a "deposit"? How to agree on the delivery date, configuration lock, and subsidy attribution in the contract? Once the subsidy is reduced, the vehicle delivery is delayed, or the configuration is changed, who will bear the liability for breach of contract? This article combines the provisions of the Civil Code, the Consumer Rights and Interests Protection Law, and the Measures for the Administration of Automobile Sales to sort out the high-frequency legal risks of car purchases at auto shows, providing reference for consumers and dealers.
1、 'Booking transaction' does not mean the establishment of a sales contract, and the difference between the deposit and the deposit is huge
The atmosphere at the auto show is lively, and sales consultants often promote orders with the slogan "Order a car today and enjoy limited time benefits". Consumers often swipe their cards to make a payment within a few minutes. The legal nature of this money directly determines whether it can be refunded and how much it can be refunded.
According to Article 586 of the Civil Code, the parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights, and the deposit contract shall be established from the time of actual payment of the deposit. Article 587 stipulates that if the debtor fulfills the debt, the deposit shall be offset against the price or recovered; If the party who pays the deposit fails to perform the debt or performs the debt in a manner that does not comply with the agreement, resulting in the inability to achieve the purpose of the contract, they have no right to request the return of the deposit; If the party receiving the deposit fails to fulfill its obligations or does not fulfill its obligations in accordance with the agreement, resulting in the inability to achieve the purpose of the contract, it shall return double the deposit. This is commonly known as the 'deposit penalty'.
However, "deposit" is not a legal concept and is usually regarded as a prepayment in judicial practice. If the contract cannot be concluded or terminated, the party receiving the deposit should generally return it, and the double refund rule does not apply. When adjudicating such cases, Shenzhen courts will focus on examining whether the payment voucher states "deposit" or "earnest money", whether the contract clearly stipulates the nature of the guarantee, and whether both parties have reached an agreement on the main terms.
Lawyer's practical suggestion: Consumers should request the seller to clearly state the nature of the payment on the contract or receipt before making any payment at the car show. If it is only a preliminary intention and the model configuration and delivery time have not been determined yet, try to agree on it as a "deposit" and specify that it will be "fully refunded without interest if a formal sales contract is not reached". If it is indeed a "deposit", it should be clear that if one reneges, the money may not be recoverable.
2、 Contract loopholes under the superposition of subsidy policies: who pays for subsidy refunds
This auto show coincides with the halving of the purchase tax for new energy vehicles, the implementation of subsidies for car trade in, and the implementation of special subsidies in multiple districts of Shenzhen. Multiple favorable factors are an important driving force for the increase in transaction volume, but they also bury potential disputes.
There are three common types of disputes: firstly, if a consumer meets the subsidy conditions when ordering a car at an auto show, but the policy is adjusted or the quota is used up when the vehicle is delivered, who will bear the subsidy difference; Secondly, the subsidy for exchanging old cars for new ones requires procedures such as transferring ownership and scrapping old cars. If the processing of old cars is delayed, resulting in missing the application window, how should the responsibility be divided; Thirdly, some district level subsidies require that car purchase invoices and driving licenses be registered in specific areas, and consumers are unable to apply for them due to not paying attention to the conditions.
Article 509 of the Civil Code stipulates that the parties shall fully perform their obligations in accordance with the agreement and follow the principle of good faith. If the seller explicitly promises to "guarantee the enjoyment of a certain subsidy" at the time of signing the contract, this promise constitutes the content of the contract, and those who fail to fulfill it shall bear the liability for breach of contract. But if the contract only states' subsidies are subject to government policies', the difficulty for consumers to claim compensation for the difference will significantly increase.
Article 8 and Article 20 of the Consumer Rights Protection Law stipulate that consumers have the right to know the true situation of their purchase of goods, and operators shall not make false or misleading propaganda. If the seller knowingly induces the consumer to place an order despite not meeting the subsidy conditions, it may constitute fraud, and the consumer may claim "refund one and compensate three" in accordance with Article 55 of the law.
Therefore, when signing the contract, it is necessary to include the subsidy type, amount, application conditions, and responsibility allocation in the contract, rather than just listening to verbal promises.
3、 Delivery Delay and Configuration Change: High Risk Default Points for Auto Show Orders
Auto show orders are concentrated, and popular car models are often in short supply. The most common problems that consumers encounter after placing an order include: delayed delivery time, inconsistent actual delivery model and exhibition car configuration, forced bundling of optional packages, and temporary price increases.
Article 577 of the Civil Code stipulates that if one party fails to perform its contractual obligations or does not perform its contractual obligations in accordance with the agreement, it shall bear the liability for breach of contract, such as continuing to perform, taking remedial measures, or compensating for losses. Article 585 allows the parties to agree on liquidated damages, but if the agreed liquidated damages are excessively higher than the losses caused, the court may appropriately reduce them at the request of the parties.
Article 10 of the Measures for the Administration of Automobile Sales stipulates that suppliers and dealers shall deliver accompanying certificates and documents such as certificates of conformity at the same time as delivering the automobiles; Article 14 stipulates that dealers shall not sell or charge additional fees beyond the marked price. If the dealer requests a price increase to pick up the car on the grounds of "resource scarcity", consumers can file a complaint with the market supervision department or claim breach of contract based on the contract.
When Shenzhen courts hear cases of delivery delay, they usually focus on whether the contract specifies a clear delivery date, whether there are objective reasons for the delay that cannot be attributed to the seller, and whether the consumer promptly urges the delivery. If the contract only states' expected delivery within three months', consumers will be at a disadvantage when defending their rights. It is recommended to specify the latest delivery date in the contract and agree on the penalty standard for overdue delivery, for example, calculated based on a certain proportion of the already paid amount.
4、 Lawyer's advice: Four things to do before signing a car purchase contract at an auto show
Firstly, verify the sales entity. There may be secondary dealers, agency sales companies, or even individual intermediaries at the auto show site. Before signing the contract, it is necessary to confirm that the name of the counterparty is consistent with the business license to avoid the inability to find the responsible party in case of disputes.
Secondly, read the contract clause by clause. Focus on vehicle model, configuration, color, optional content, transaction price, delivery time, delivery location, nature of deposit, subsidy ownership, breach of contract liability, and dispute resolution methods. Written supplementation is required for vague expressions.
Thirdly, preserve the evidence. Including promotional flyers, chat records, audio recordings, payment receipts, and original contracts. If the seller verbally promises subsidies or gifts, try to have them written into the contract or confirmed through WeChat text.
Fourthly, in case of disputes, promptly establish evidence and consult a lawyer. Consumers can file complaints with the Shenzhen Consumer Council or report to the market supervision department. If necessary, they can claim deposit penalties, liquidated damages, or fraud compensation through litigation. Distributors also need to conduct compliance reviews of sales language and contract texts to avoid punitive damages due to invalid or false advertising of standard terms.
Guangdong Zhiming Law Firm has long handled disputes related to automobile sales, deposit contracts, consumer fraud, and subsidy policies. It can provide contract review, negotiation, complaint, and litigation agency services for consumers and automobile dealerships. The popularity of car shows will eventually fade, but a rigorous purchase contract is the key to ensuring transaction safety.
