Recently, "A man's car dropped in price by 17,000 yuan the same afternoon after he bought it" trended on social media. It turned out that a man in Xi'an, Shaanxi Province, carefully selected and purchased his beloved car at a 4S dealership, but before he even drove it home, the car's price dropped by more than 10,000 yuan.

　　"I signed the contract at 5 p.m. In fact, they held a press conference at 3 p.m. to adjust the price, but they just didn't tell me." The man questioned the salesperson for "blocking him from WeChat Moments" and deliberately not informing him. The salesperson replied: "We blocked all customers, not targeting any individual customer." The 4S dealership's marketing director said: "Other customers have had similar situations, and we have reported this to the manufacturer."

　　The incident sparked heated discussion among netizens: "Don't even mention it, I got ripped off too. A week after I bought my car, the new model came out, 20,000 yuan cheaper, and the interior was even upgraded." "They had already held the press conference, so signing a contract at the higher price was inappropriate." "I suggest the state introduce regulations requiring compensation if the price drops by more than a certain percentage within a week or a month." ……

　　A reporter from Legal Daily reviewed public information and found that in recent years, in the review sections for vehicles, houses, mobile phones and other high-value goods, many consumers have complained: "What a loss! The price dropped right after I bought it." "The thing I bought yesterday dropped in price today. I rushed to grab a promotional item, only to find that after the promotion ended, it was still at the 'discounted price' or even lower." More and more consumers are finding that the sales prices of such goods fluctuate significantly, with some goods differing greatly in price within less than 48 hours, or even 24 hours.

　　The experts interviewed suggested that when purchasing high-value goods, consumers should learn about the product's historical price to avoid being misled by merchants' "fluctuating" price changes. They should also check whether prices are clearly marked, and try to make price-protection agreements with merchants to safeguard their legitimate rights and interests.

　　If the price cut was known but not disclosed,

　　it may constitute fraud and the price difference must be refunded

　　According to reports, Mr. Wang decided to buy a hybrid model of a certain brand. The official website price of the car was 132,800 yuan, and after various discounts, the bare car price was quoted at 107,200 yuan. At around 4 p.m. that day, Mr. Wang paid the down payment, completed the installment procedures after 5 p.m., and drove the car away at around 7 p.m. After returning home, Mr. Wang scrolled through WeChat Moments and found that at around 4 p.m. that day, salespeople from other 4S dealerships of the same brand had posted that the new version of this car had officially launched, and the official price of the model he had chosen had dropped by 17,000 yuan.

　　Wang went to the store to seek an explanation from the staff. The salesperson said that the configurations of the old and new models were basically the same, and that they had not deliberately blocked Wang but had blocked all customers. The store's marketing director said that as a dealer, they would absolutely not conceal news of an official price cut. "The manufacturer released it after 3 p.m., and the customer's invoice was issued after 4 p.m. When we sold it, we didn't know about the new model. There was a time lag. Besides Mr. Wang, there were also customers who had ordered but not yet taken delivery of their cars in a similar situation. We have reported this to the manufacturer and hope to have a solution satisfactory to the customer as soon as possible."

　　Regarding such conduct by merchants, Chen Yinjiang, deputy secretary-general of the Consumer Protection Law Research Institute of the China Law Society, analyzed that if a dealer sells a vehicle without having received notice from the manufacturer, that situation is understandable; but if the dealer already knew of the new pricing policy and instead used the time lag to continue selling at the original price, that clearly violates the principle of good faith, and consumers can demand a refund of the price difference.

　　"If a dealer clearly knows that the manufacturer has already substantially cut prices, deliberately fails to inform consumers, and still sells at the original high price, it is suspected of infringing consumers' right to know and right to fair trade, and in serious cases may even constitute fraud," Chen Yinjiang said.

　　Several lawyers interviewed believe that such conduct by merchants is suspected of fraud, and consumers can request the rescission of the vehicle sales contract.

　　In the view of Rao Wei, senior partner at Beijing Tianchi Juntai Law Firm, a vehicle sales contract is established at the moment both parties complete the signing of the written contract. After the contract is established, if the seller knew that the price cut had been determined at the 3 p.m. press conference but failed to inform the buyer when signing the contract at 5 p.m., this should be deemed to have employed fraudulent means, deliberately concealing the true situation, and causing the customer to make an erroneous declaration of intent to purchase at a high price. Such a sales contract should be a civil juristic act that can be applied to a court for rescission.

　　"If a consumer makes a consumption decision contrary to the true situation because the operator deliberately concealed important information such as the true condition of the vehicle, the operator is suspected of fraud. If one party uses fraudulent means to cause the other party to perform a civil juristic act against its true intent, the defrauded party has the right to request the people's court or an arbitration institution to rescind it. In this case, the consumer can request rescission of the contract and a refund of fees, or negotiate with the operator for a refund of the price difference," said Li Jie, director of the Beijing Guantao Zhongmao (Qingdao) Law Firm.

　　However, refunding the price difference requires negotiation with the operator. Rao Wei reminded that after a contract is rescinded, it is deemed that no contractual relationship was established between the parties. Unless the seller agrees, the consumer cannot automatically buy the vehicle again at the reduced price, nor can the consumer automatically require the seller to continue performing the contract on the condition of refunding the price difference.

　　They also pointed out, however, that if the seller was unaware of the price cut, then only where the seller has explicitly promised price protection does the consumer have the right to demand "compensation for the price difference."

　　"For goods such as cars and houses purchased offline, if the operator and consumer have signed a price-protection agreement and the price drops within the protection period, the consumer can apply for compensation of the price difference. If no price-protection agreement has been signed and the price decline is caused by market fluctuations, the consumer can negotiate with the operator, and the operator can also report to higher-level authorities to promptly address the consumer's demands. If the goods are fast-moving consumer goods and the operator reasonably lowers prices to promote products, such conduct is reasonable and the consumer cannot obtain compensation," Li Jie said.

　　Although merchants have pricing freedom,

　　they must also observe legal boundaries

　　In real life, in addition to vehicles, high-value goods such as houses, mobile phones and computers may all give rise to the phenomenon of "having bought at too high a price."

　　The reporter noted that in September 2023, the agency fee standard of a certain second-hand housing transaction platform was uniformly lowered from 2.7% of the total transaction price to 2%. At the same time, the fee model changed from the buyer paying the agency fee unilaterally to both buyer and seller each bearing 1%.

　　Buyers who had already paid agency fees at the 2.7% rate were "crying" on social platforms: "I just want to know, will those who signed a contract earlier but haven't completed the online signing get a refund?" "The fool who signed the contract at 11 last night." "If I had waited a few more days, I could have saved more than 100,000 yuan." ……

　　Searching "product price cut + complaints" and "product price cut + sucker" on multiple platforms reveals many consumers complaining about substantial price cuts within a short period for mobile phones, cameras, sneakers and other products they purchased. Some netizens reported: "I bought a camera for nearly 6,000 yuan on a self-operated platform during 'Double 11,' and just after the price-protection period ended, the price dropped by 10%." "A refrigerator's price fluctuated by 900 yuan within a week." "A frying pan's price differed threefold within four months, and some products' prices changed almost daily."

　　Can merchants frequently adjust product prices? Chen Yinjiang believes that operators in fully competitive industries have the right to set price standards based on operating costs and supply-demand relationships, and the law does not stipulate how long after setting a price standard an operator may not adjust it. But the premise is to abide by the principle of good faith, establish a fair and reasonable pricing system, and clearly mark prices. On the one hand, they must not use false or misleading price tactics to deceive or mislead consumers—for example, when setting discount prices for promotional activities, they must not arbitrarily fabricate the "original price" of goods to mislead consumers; on the other hand, they must not drive up prices, collude to raise prices, or push prices up excessively or too quickly, harming consumers' legitimate rights and interests.

　　According to the Provisions on Clearly Marked Prices and Prohibition of Price Fraud issued by the State Administration for Market Regulation, the following acts all constitute price fraud: falsely claiming that the price of goods and services is a government-set price or government-guided price; luring consumers or other operators with low prices and then settling at high prices; selling goods or providing services through false discounts, price reductions or price comparisons; using deceptive or misleading language, text, numbers, images or videos to indicate prices and other price information when selling goods or providing services; refusing without justified reason to perform or incompletely performing price commitments; failing to indicate or significantly weakening the indication of price conditions unfavorable to consumers or other operators in order to induce them to transact; and refusing to deduct the price as agreed when using points, gift certificates, exchange vouchers, vouchers and the like to offset the price.

　　Experts point out that some merchants commonly use discount promotions or promotional phrases such as "bottom price" and "lowest price" to attract consumers. Words like "lowest" are comparative and require clarification of the time and object of comparison—for example, compared with similar goods, compared with competitors, or compared with the merchant's own historical prices—so as to avoid misleading consumers. Merchants should use such promotional slogans cautiously, and consumers should also be vigilant when they see such wording.

　　Compare goods from multiple sellers when purchasing

　　and negotiate price-protection agreements

　　The reporter checked e-commerce platforms and found that, in addition to merchants' self-discipline, some e-commerce platforms have adopted measures to regulate such activities. For example, to avoid price fluctuations of goods within a short period and better protect consumers' interests, a certain e-commerce platform launched a corresponding "price protection service." According to platform rules, if the price of a self-operated product changes after a consumer places an order, the consumer can apply for price protection; if the application is successful, the consumer can pay the mall price at the time the application was submitted, or receive a refund equal to the difference.

　　So can a price protection mechanism also be established by reference for high-value goods such as vehicles and houses?

　　Cui Dongshu, secretary-general of the China Passenger Car Association, pointed out that vehicles generally do not have a price protection mechanism because buying a car is a market-based activity and prices fluctuate considerably. Manufacturers and dealers usually cannot know in advance, so it is very difficult to offer long-term value preservation or price protection.

　　Rao Wei also noted that for such high-value consumer goods, sellers have no statutory price protection obligation. "A price protection mechanism is not a statutory obligation of the seller. Different goods have different price determination mechanisms based on their characteristics, especially for high-value consumer goods such as houses and vehicles. If a price protection mechanism were imposed on sellers, the resulting risk premium would still be passed on to buyers."

　　Regarding the situation where online-purchased goods drop in price just after the price protection period ends, the experts interviewed believe this is permitted by the market.

　　"Once an online-purchased product passes the price protection period, the seller's voluntary commitment obligation is also released. If the price drops thereafter, the merchant cannot be deemed malicious and required to compensate the price difference," Rao Wei reminded. Apart from certain special goods—such as customized goods, fresh and perishable goods, digital goods such as online-downloaded or unsealed audio-visual products and computer software, and delivered newspapers and periodicals—other items may be returned without reason within 7 days from the date of receipt.

　　To better protect consumers' legitimate rights and interests, the experts suggest that consumers learn about the historical prices of goods to avoid being misled by some merchants' "fluctuating" price changes. They can also compare prices through price-comparison websites or the "seller communication" sections of platforms to ensure they buy goods as affordably as possible.

　　Chen Yinjiang reminded that when purchasing high-value goods, consumers should first compare among multiple sellers, learn in detail about the merchant's pricing policy, and make a comprehensive judgment based on factors such as sales channels, model and configuration, and accompanying services. Second, before deciding to buy, they should try to make a price-protection agreement with the merchant, such as requiring price protection for one month or half a year, and have the merchant make a price commitment and write it into the sales contract.

　　Chen Yinjiang suggested that if consumers do discover infringement issues such as price fraud, they can promptly collect relevant evidence and safeguard their rights in accordance with the law. If negotiation with the merchant fails, they can complain to a consumer association or administrative regulatory department and request mediation; when necessary, they can also safeguard their legitimate rights and interests by applying for arbitration or filing a lawsuit in court.

　　"Consumers should learn about product market trends through multiple channels, be sure to communicate with sales staff when purchasing, and clearly understand the product's situation when concluding a contract. If they later learn that the product's price had already dropped before the contract was concluded, consumers should actively protect their rights; if the product's price subsequently falls due to market fluctuations, consumers can only bear the risk themselves," Li Jie suggested.

　　"If a merchant makes a commitment to price stability, be sure to keep relevant evidence; if you are indeed deceived and 'bought at too high a price,' you should take legal channels and protect your rights rationally," Rao Wei said.

　　From the perspective of enterprises, if they have to cut prices within a short period, what should they do to avoid infringing consumers' legitimate rights and interests?

　　Li Jie believes that enterprises should price reasonably. When they have to cut prices due to market fluctuations, changes in supply and demand, excessive competitive pressure and other circumstances, they should conduct internal consultations and discussions to formulate multiple plans, genuinely consider consumers' true feelings, and should not cut prices too sharply all at once. At the same time, enterprises should also conduct product research and maintain good relations with consumers.

　　"When selling, enterprises should fully disclose the price composition of goods and clarify that prices may differ under different combinations of conditions; in advertising and other aspects, they should also pay attention to wording and avoid making commitments that are likely to cause misunderstanding," Rao Wei said.