Car owners are often disappointed in their purchases, and there are many reasons for this. One of the most common reasons is factory defects, which are also called marriage. But how to act in such situations? Let's figure it out in more detail.

To return a car, it is not enough just to say that you no longer like it. There is article 18 in the Consumer Protection Law. It says that the return of equipment is possible within a maximum of 14 days if deficiencies are found.

Even minor breakdowns discovered by the consumer can serve as the basis for the return. The consumer can withdraw from the purchase agreement concluded earlier.

Then there is the right to present the following requirements:

1. Replacement of goods for an identical analogue, with recalculations at cost.
2. Full refund of the amount.

It is much more difficult to hand over the transport if more than 14 days have passed since the purchase.

There are only three legal grounds for a late return:

• Finding a significant flaw.
• Violation of the terms for elimination of the defect, which are established by law.
• Repeated elimination of defects did not allow to dispose of the transport in full for 30 days or more.

Each foundation has its own list of documents that can be used as evidence. But the problem is solved using standard order in most cases.

Is it possible to return a car under warranty if I don't like it? The answer in the video:

For 2018, “significant deficiencies” are those defects that cannot be eliminated. Or when working with which additional serious expenses will be required.

But dealers in each particular center can decide for themselves whether the identified deficiency is considered serious. If the seller insists that there are no grounds for return, then all that remains is to go to court to prove his position.

The dealers themselves have the obligation to take the car back to the salon if it took more than 45 days to eliminate the deficiency. Or you need to accept other conditions set by the buyer.

In such cases, the situation is rarely resolved in favor. The same rule applies when a shorter period for troubleshooting is initially set in the contract. Therefore, it is necessary to study the agreement in advance and see what specific terms for warranty repairs are indicated in this document.

Oral claims are acceptable, but they are the hardest to use as evidence. At the same time, it is recommended to record each breakdown, the time of its elimination and appearance.

Terms of return of cars of inadequate quality to the salon

In total, there are 3 temporary situations that allow you to exchange transport, or demand compensation at its cost.

• After the warranty, but before the end of the service life.
• As part of the action.
• Within 14 days after purchase.

Within 14 days

Submitting a written claim to the salon is the first step that must be taken by the buyer. Especially when a breakdown is found, the elimination of which will require too serious investment in time or money.

You have to wait a maximum of ten days for a response after sending the document. At first, many dealers refuse to grant the request, and try to prove that they are not involved in the breakdown.

Car exchange, as well as refunds, are actions that do not bring any benefit to sellers. Therefore, the negative reaction is easy to explain. It is important for the consumer to document the breakdown and the reasons for its occurrence.

After that, you can go to court if the previous steps did not lead to a result. The best option is to conduct an independent examination before the start of the court hearings. Then the chances of getting compensation are much greater.

Warranty period

A warranty card must accompany every new car that is sold through a car dealership. It is in this document that it is indicated for how long breakdowns should be eliminated. If this period of time is not observed, then a claim must be filed, as in the previous case.

Return of the car to the salon if it is working properly. Photo: myshared.ru

Compared to sellers, manufacturers are much more willing to meet halfway. In case of failure of the pre-trial settlement, it remains only to contact the higher authorities.

Dealer Dispute Resolution: Procedure Description

The consumer needs to go through several stages to competently resolve his issue:

1. Submitting a claim to the dealer using a written form.
2. Conducting an independent examination.
3. Trial.
4. Control over the execution of the trial.

About carrying out expert examinations and filing claims

The claim must be structured in such a way that the consumer has real grounds for filing a claim in case of refusal by the dealer.

What should be included in such documents:

• Contact and personal data of each of the interested parties.
• The time when the vehicle was purchased.
• Description of the brand, state number.
• Description of the defect identified by the buyer.
• Indication of legislation.
• The very demand from the consumer.

How to return a defective car to the salon? Watch the video:

The main thing is that the essence of the claim is clear. Therefore, its presentation should be strict and laconic. If the claim is made correctly, then it takes no more than one standard A4 page. The document is transferred in person, or by registered mail.

On the copy of the applicant, the following data must be affixed, if we mean specifically personal transfer:

1. Outgoing documentation number.
2. Date.
3. Signature of the receptionist.
4. Enterprise stamp.

If the first notification received a refusal, then it is permissible to send again a registered letter, which describes all the attachments. It is mandatory to use the return receipt function. In the text, you must write the number of documents, each position is described in detail.

Then the second party will not be able to refuse due to the absence of any of the documents. A claim may describe an examination issue.

Such requirements must be satisfied within ten days, no more. The dealer usually pays for the expert's work. But it is better to independently follow the solution of this issue.

Regarding the return of cars purchased on credit

Usually, cars bought under a loan agreement also become collateral. Then the bank providing the relevant services has the right to participate in the dispute. After all, it is not profitable for a credit institution to lose collateral.

Prior to legal proceedings, a standard written claim is sent to the salon. During this process, the bank becomes a third interested party that the plaintiff can attract. There is no need to refuse payments on the loan at such moments, even if the final decision has not yet been made.

How to get a car loan from a bank and what is needed for this? More on.

After all, the debt still remains with the client until the case is finally closed. And if you refuse payments, you will have to face penalties.

Failures and possible causes

If at least one of the following grounds is present, then the car dealership has the right to refuse both warranty repairs and compensation:

1. The buyer's fault in what happened.
2. Use of services of services that do not cooperate with the salon.
3. Accident, natural disaster.
4. Unreasonable use of transport.

The scheme of returning a car to the salon. Photo: myshared.ru

Conclusion

It is difficult to independently seek justice in resolving such issues, but nothing is impossible. It is recommended to resort to the help of professional lawyers who agree to accompany the entire process, from start to finish.

They are able to take into account all the nuances characteristic of a particular situation. And they will ensure that the buyer gets the maximum benefit from what is happening. The main thing is not to forget about the correct execution of all accompanying documents. The presence of at least one mistake can lead to serious negative consequences.

Buying a new or used car can be frustrating if the car is not useful, but a bottomless well to invest in to fix its shortcomings.

To protect the buyer from such risks, the right to exchange a car has been established in a number of cases:

• detection of shortcomings that were not named by the seller during the sale or significant shortcomings (we will say more about the latter below);
• refusal to carry out repairs under warranty;
• violation of the time limit established by law to eliminate deficiencies (45 days);
• the inability to use the car for more than 30 days due to being under repair.

Each of them has its own characteristics, which we will talk about further.

Questions regarding the return of any product, including a car, are established by the Law of the Russian Federation of 07.02.1992 N 2300-1 "On Protection of Consumer Rights" (hereinafter - the Law). However, taking into account the peculiarities of the machine, by the Decree of the Government of the Russian Federation of 10.11.2011 N 924 "On the approval of the list of technically complex goods" they are classified as technically complex.

Such regulation allows to provide additional protection in comparison with generally established rules, but also creates a number of difficulties, this should be taken into account, since general rules in this case do not apply.

To answer the question - is it possible to return a car to a car dealership ?, let us examine individual cases.

Return of a car of inadequate quality

If, after buying a car and using it, you could understand that it does not meet the necessary quality criteria, then, in accordance with the law, it is possible to return the car to a car dealership and get back the amount paid for it.

Remember that most problems can be avoided by using. This will allow you to get to know him better, evaluate his pros and cons not only from an external point of view, but also from the point of view of his consumer qualities.

Compliance with the deadline for return

Article 18 of the Law "On Protection of Consumer Rights" (hereinafter referred to as the Law) establishes a 15-day period for cars when they can be returned and received their money, as well as replaced with a serviceable model with a possible recalculation of the price.

During this period, any defect that you were not aware of during the execution of the contract is taken into account, be it obvious scratches, chips and damage, failure of electronics or individual mechanisms.

The beginning of this period is the next day after you receive the car for use.

This period does not apply if you want to exchange a high-quality car without flaws, in accordance with the requirements of Art. 25 of the Law.

Some car dealerships and car manufacturers admit that refusal to exchange creates a bad situation for the dealer and the buyer, affects the reputation, and therefore, in some cases, even without finding defects during this period, you can exchange the car. Everything will depend on the trade policy of a particular car dealership.

Return within the warranty period

The warranty represents the obligation of the seller to repair the defects found in the vehicle within a fixed period of time. Nevertheless, the complexity of the car as a product does not allow the owner to apply for repair under warranty for any reason, but requires strict compliance with the agreement signed when buying a car.

There are two types of European and Asian guarantees on the market.

The former make the possibility of warranty service dependent only on the time of use of the car, setting a fixed time period, on average, 2 years, during which you can contact the dealer with a demand for warranty repair.

The Asian warranty, in turn, offers an additional option in the form of mileage accounting, which also allows you to increase the warranty period to 3 years, however, it negatively affects those motorists who like to travel or use their car to the maximum for work.

In Russia, taking into account its territorial characteristics, it is the Asian type of warranty that has become more common, and thus in most cases you will be faced with the fact that the warranty for a new car from the manufacturer lasts at least three years or 100,000 km. When one of the thresholds is reached, the warranty expires.

Various claims of manufacturers and sellers that the warranty will be 5 years or more are promotions that have a huge number of reservations, which in reality practically does not provide an opportunity to take advantage of these extended periods when returning a car to a car dealership under warranty.

Used cars sold by dealers usually come with a three month warranty or 5,000 km mileage.

It should be noted right away that in any case, the warranty does not apply to cases of damage to the car as a result of an accident or improper use of it, as well as to parts subject to wear, such as tires and brake pads, as well as to ordinary oil change and maintenance services.

You have the right to service your car both at the dealer from whom you bought it and at any repair shop or service. But in order to maintain the manufacturer's warranty, the service center you choose must use original parts, otherwise the warranty will be voided.

In some cases, in accordance with the contract, service must be carried out only at the dealerships of your car manufacturer, so make sure that you carefully read the terms of the warranty before returning the car to the car dealership under warranty, servicing the car in third-party organizations.

The time that the car was under warranty service is added to the warranty period.

In accordance with the law, after the expiry of the previously considered 15 days period, it is possible to demand a return or exchange of a car in the following cases:

• the car has defects that cannot be eliminated, their repair is disproportionate in cost and time costs, or they appear repeatedly after repair;
• violation of the statutory deadlines for the repair;
• finding a car for repair for more than 30 days, which made it impossible to use it.

It should be remembered that if defects appear due to improper operation or an accident, then they are not a warranty case and repairs are payable.

Out of Warranty

Current judicial practice has examples when, even after the expiration of the warranty period, car owners received compensation for defects found in their car, since in addition to this period, the manufacturer must also set the service life.

In some cases, it is equal to the warranty period and this is not a violation, but most manufacturers are guided by 6 years or 150,000 km, and some 8 years or more, in this case it is exclusively their desire.

You can find this period in the documentation attached to the car. If such a period has not been established, then, as a general rule, it is 10 years. It should be borne in mind that in addition to the time interval, it can be set in the form of a mileage, as in the case of a guarantee.

During this period, it will be possible to return the car only if there are significant defects and the obligation to prove these circumstances will lie with you.

In most cases, sellers and manufacturers generally do not seek to go to court during the warranty period and voluntarily eliminate the defects, however, after that, a completely different story begins.

When the car is under repair for more than 30 days a year

At first glance, it may seem that there is a contradiction with the period of 45 days, which is set for the total time of car repair, however, this case involves the discovery of several deficiencies that required repair.

That is, even if the first repair lasted more than 30 days, but within 45 days, and was completed, you will have no reason to contact the seller on this basis.

The key word for this reason is the word “repeatedly”, which, within the framework of the law, implies the need for at least two completed repairs and the identification of deficiencies, the latter can be either the same or different.

In this case, the aggregate repair time is calculated from the moment the buyer contacts the seller and until the moment the car is in good order back, for each of the cases.

Instructions for returning the car

The first step will be to contact the car dealership or the dealer from whom the purchase was made with a description of the problems encountered and an indication of one of the possible requirements.

It should be noted that in some cases the application may be refused, indicating the need to apply to the legal address of the organization and from the point of view of the current law, this is a fair requirement.

This can be done both by visiting the legal address and by writing a letter.

As part of the first method, it is necessary to prepare two statements that correspond to each other, one of which will be transferred to the seller, and on the second they will put a mark of acceptance and it will remain with you.

The second method is considered more reliable, albeit more time-consuming, because the seller may simply refuse to accept your application. To do this, you must send a certified letter with a confirmation of receipt, upon receipt of the notification, it must be saved as proof of contacting the seller.

List of required documents

In the application that you send to the seller, you must indicate basic data such as the time of purchase, car model, contract number, demand and its grounds, the current location of the car, if it is not possible to deliver it to the salon (it is not on the move, etc.)

To return or exchange your purchased car, you must have the following documents:

• contract;
• a receipt or other document confirming payment;
• car acceptance certificate;
• car passport;
• registration data;
• documents confirming the fact of repair or refusal of warranty service;

Other documents may also be attached that confirm your requirements for the need to return or exchange the car.

What can you demand from a car dealership?

The main requirements that you can count on when contacting the salon are:

• exchange;
• return;
• cost reduction;
• repairs;

It should be noted that the aforementioned requirements can also be made in relation to supported cars during their service life, in the presence of significant defects, but, in most cases, this requirement should be addressed to the manufacturer, and not to the car dealership.

If this is a car dealership of a specific manufacturer, then such a return can be issued through him.

Features of cash payment

In accordance with the law, payments made must be returned within 10 days from the date of receipt of your appeal; violation of these deadlines allows you to claim compensation for each day of delay.

The nature of the payment depends on how it was made, in case of cash payment, a return occurs in cash, when paying by card, respectively, to the card on which the purchase was made.

If the purchase was made on credit, then the payments made on it are refundable.

If the car has become cheaper

In the event of a decrease in the price of the car (which happens very rarely) during the time elapsed after the purchase, the buyer in any case has the right to the amount that was paid upon purchase.

Do not agree to the seller's offers to receive a lower amount, even if he threatens to refuse a return altogether and send you to court. The law is on your side.

If the car has risen in price

In cases where cars become more expensive, you will be paid the difference between the original and the current price. To do this, it is necessary to draw the attention of the seller not to price changes and to demand recalculation of the cost taking them into account.

Low-quality car on credit

If the purchase was made on credit, then payments and interest made on it are subject to return.

If the payment was made partly from the available funds, partly at the expense of a loan, then, accordingly, you receive the deposited part, and the credit is returned to the bank, after which the loan is closed.

Nevertheless, if everything turned to court proceedings, it is recommended to continue paying on the loan so as not to receive penalties for non-performance of the contract by the bank.

What to do if a car dealership refuses a refund?

In cases where the dealer refuses to accept your claims, the only way is to go to court.

To do this, you must prepare a statement of claim, where you indicate your contact information and the seller's data, indicate all the circumstances of the purchase and the detection of defects.

All copies of the above documents are attached to the application.

Features of the trial

According to the law, it is not necessary to initially contact the seller, observing the complaint procedure, but you must understand that litigation in Russia is a very time consuming business, and sellers in most cases go to a meeting so as not to receive negative reviews and not to lose reputation.

It should be understood that in most cases the judges do not have special knowledge regarding the technical device of the car and its operation, which is why it is necessary to carefully prepare the evidence that you will refer to and make them as clear as possible to a person who is far from the subject of cars.

To do this, it is recommended to use images and diagrams of the car with the designation of places and units in which deficiencies are found, with a demonstration of how they affect the operation of the car, whether it is possible to replace them, and it is also desirable to give the general price level for such parts and their replacement in local car dealerships.

If the court recognizes that you are right, you will be able to receive compensation for legal costs, therefore, if you are not sure that you will be able to represent your interests in court, you can turn to lawyers for advice, preparation of documents and representation.

In addition to the cost of the car, it is possible to file a claim for a penalty and moral damage, although the amounts are not large, they allow you to cover some of the inconveniences caused by all these proceedings.

Examination of car defects

If the dealer disagrees with your arguments, the court may order an examination, which is carried out by an independent specialist. He inspects the car and prepares his conclusion, in which he must draw a conclusion about the presence or absence of a malfunction and indicate the possibility of its elimination.

If you have reasonable suspicions that the expert does not have the necessary knowledge or his dependence on the seller, you must draw the court's attention to this and provide evidence. If the expert establishes that the car is serviceable or the defect is insignificant, then you will be obliged to reimburse legal costs, including the costs of paying for the expert's work.

Conclusion

Thus, it is quite possible to receive a refund for a car, in the presence of certain defects and shortcomings, the main thing is to remember the deadlines established by law, carefully consider the purchase and the choice of the seller.

According to the Law “On Protection of Consumer Rights”, it is possible to return a car to a store only if it reveals a significant deficiency not specified at the time of purchase. How long does it take to return a car to a car dealership? What are the rules for returning a car to a car dealership? Read in this article.

What does the Law say?

According to the Law "On Protection of Consumer Rights", a car is considered a technically complex product that cannot be returned or exchanged in a store if it is of proper quality and does not suit the buyer in shape, style, size, color, dimensions or equipment.

So, for example, you entered into a sale and purchase agreement for the purchase of a car in a car dealership, made a payment (or took out a loan), but when you got into the car, you realized that you were getting excited about the color. Literally one day has passed since the purchase, you return to the salon and say that the purchased car does not match your color and you want to exchange it for a car of a different color. The car dealership has the right to refuse you, since the car is included in the list of goods that cannot be returned without revealing any flaws in them.

How to return a car to a car dealership within 14 days?

According to the Law “On Protection of Consumer Rights”, you can return a car to a car dealership within 14 days in the following cases:

• If, during the operation of the car, some kind of malfunction or defect was revealed that the seller did not warn about;

For example, when selecting a vehicle, the seller said that the car perfectly absorbs street sound, but in fact it turned out that the car does not absorb extraneous sounds at all. Or if the car you bought had faulty wipers.

• If the car has not lost its presentation;

You have saved all the stickers, tags and labels that were applied in the interior, hood or windshield of the car.

• The machine has no traces of operation;

It is clear that after buying a car, you managed to “drive around” it a little. But if you want to return the purchased car to a car dealership, then the windshield should not be chipped from stones on the roads, there should be no oil traces on the seats, and dents or scratches on the hood of the car.

Procedure for returning a defective vehicle

If all of the above conditions are met, then you must:

• Arrive by car to a car dealership, taking with you all the documents that were received upon purchase;

As a rule, the list of documents includes the following: sale and purchase agreement, payment documents, loan agreement, etc.

• State the reason for the return and your requirements;

Under the Consumer Protection Law, you have the right to count on:

• Full refund of the car in exchange for returning the car;
• Exchange of a car for the same car, but without an identified malfunction / defect;
• Exchange of a car for a car of another brand (with recalculation of the cost);
• Elimination of the deficiency at the expense of the car dealership;
• Compensation for the cost of car repair;

Return of a faulty vehicle after 14 days

The driver can return the car after 14 days in the following cases:

• If the purchased car has a significant defect;
• If the car dealership refuses to carry out repairs within the warranty period;
• If the warranty repair is “delayed” for more than forty-five days;
• Multiple breakdowns of the purchased car (more than two times), as a result of which its owner actually drove it for less than a month;

The warranty period is six months.

So, if for half a year of using the car, its buyer constantly handed it over for repair to the car dealership where it was purchased, and during this period drove it for only thirty days, then the buyer has more than enough reasons to return it.

What is considered a disadvantage due to which a car can be returned?

According to the Law "On Protection of Consumer Rights", the return of the car is possible if the identified deficiencies:

• Generally it is impossible to eliminate:
• It can be eliminated, but at serious financial costs;
• Occurring over and over again after each repair;
• The resulting disadvantages contribute to the emergence of other disadvantages;

At the same time, it is possible to return a low-quality car to a car dealership even if it is being repaired for too long (longer than a month and a half).

Example: you bought a car, and the gears in it regularly jam, which creates accidents on the roads. After fixing the “gears”, after some time the brakes in the car began to jam regularly or the steering wheel did not turn. It will not be difficult to return the car to the salon if such deficiencies are identified.

The surest way to do this is to contact a lawyer. What will he do?

• Draw up a written request to terminate the sales contract with the car dealership;
• Contribute to the fact that the car dealership in the shortest possible time returns the full value of the car purchased from them to the buyer;
• Demanded from the car dealership to pay penalties for the period when the car was being repaired and the buyer was forced to move without a vehicle;
• Received from a car dealership compensation for expenses for their own services;
• If the buyer took out the car on credit, then the lawyer will also help to return the amount that the buyer had managed to pay to repay the loan by the time the car was returned to the car dealership;

Information

After submitting a written request, the car dealership must consider it and make a decision on the return of the car and money for it within ten days. For each subsequent day of delay, the car dealership will have to pay a penalty. The amount of the penalty is 1% of the original cost that the buyer paid for the purchase of the car.

If the car dealership refuses to fulfill the voiced requirement, then the next step will be to file a lawsuit against the car dealership.

What will the car dealership have to prove? That the malfunction of the car is the result of improper operation by the buyer. This is very difficult to do. So, in any case, the buyer has more chances of returning the car and its value than the car dealership.

Sample documents

• Starting from the first day, when you try to return a low-quality car to a car dealership, you record all “interactions” with it: record conversations on a dictaphone, etc .;
• If you hand over the car for repair, then ask the representative of the car dealership to issue all receipts and documentary evidence of taking the vehicle to the car service;
• If the car dealership refuses to fulfill any of your requirements, ask to confirm this in writing;
• Do not be lazy to seek the help of qualified lawyers, because this way you will have more chances to return a defective car and money for it;

In case of a successful outcome of the case, the car dealership will compensate your costs for legal assistance.

"Not satisfied - go to court!" - this is a rule of life that has long been rooted in Western countries, we are still only getting vaccinated, and it is very difficult and painful. Those who are faced with the purchase of a defective car have to prove their case in the courts for many months in order to get rid of an onerous purchase and get their money back. If you look at the litigation that the Supreme Court cited as examples in the recent "Review of the practice of judicial review of consumer protection disputes related to the sale of goods and services," we can conclude that most often the weakness is given by the courts of appeal. It is precisely because of their erroneous decisions and ignorance of the laws that cases of defective cars have to be reviewed several times, many of them reach the Supreme Court.

Has not passed 15 days? Feel free to return a defective car to the seller!

So, the first clarification concerns cars in which a defect (one or more) was discovered within 15 days from the date of transfer to the buyer. In these cases, it does not matter whether the detected defect is significant or insignificant - the seller is in any case obliged to provide a new car or return the money at the buyer's request. As an example, the following case is given: the plaintiff was suing a car dealership over a car that had several flaws during the first 15 days of ownership. The court of first instance considered them to be production ones and took the side of the buyer, but the court of appeal supported the dealer, citing the fact that the identified shortcomings were insignificant and did not interfere with the normal operation of the car, and the dealer eliminated them. The Supreme Court convicted the appellate court of ignorance of paragraph 1 of Article 18 of the Law "On Protection of Consumer Rights", and forced the dealer to pick up the defective car and return the money paid for it to the plaintiff.

Long-term repairs and international warranty

The second clarification concerns defective machines that are within the warranty period. As an example, there is a case between a citizen and a car dealership around a car with a two-year warranty. During the warranty period, the citizen made unscheduled visits to branded service centers (including outside Russia) many times, since the car was constantly breaking down. In total, the car spent several months in the workshop, and according to the law, if a technically complex product that is under warranty cannot be used for 30 days, then the buyer has the right to demand termination of the sales contract. The woman lost the first two trials, since the judges did not include, during the period when she could not use the car, the time for delivering the car for service and the time for repairs abroad. The Supreme Court, referring to paragraph 7 of Article 18 of the Law, obliged colleagues to take into account the delivery time in such cases, since the seller, and not the consumer, is responsible for it. Repairs abroad must also be taken into account, since the contract in this case stated that the car warranty extended outside the Russian Federation, so the owner had every right to repair the car wherever it was convenient for her.

Only an independent expert examination can release the dealer from liability for the warranty car

It would seem obvious? Alas, no: in some cases, the courts side with the seller, who made the client happy with a defective car, without any expertise. As an example, the decision of the court of appeal in favor of the dealer is given, motivated by the fact that the initial examination cannot unequivocally prove whether the nature of the car's operation affects the defects found in it. In addition, this decision indicated that since the warranty period for the car had not yet expired and the dealer agreed to repair it, and the identified shortcomings were insignificant, there were no grounds for canceling the transaction. The Supreme Court canceled all this "casuistry" and pointed out that, in accordance with paragraph 4 of Article 13 of the Law, the defendant must prove the impossibility of being responsible for the goods (that is, at least one more examination is needed). In addition, the appellate court, having indicated that the dealer was ready to repair the car under warranty, actually found that the identified deficiencies were of a production, not operational nature.

Additional equipment is returned with the car, and it is also taken into account in fines!

Today you can buy a rare car (especially a budget one) from a dealer without imposed additional equipment: floor mats, cool alarm, winter tires, locking bolts, "fly swatter" on the hood, roof rack, etc. So all the "music" is rented out together with the car, if the latter is found to be of poor quality by the court and is subject to return. Moreover, when calculating penalties and fines to the seller, the cost of "special stages" is also taken into account! As an example, the decision of two courts on the claim of a citizen who bought a car with additional equipment is given. The courts decided that it is wrong to charge the respondent with fines based on the cost of the special stages, since the manufacturer is not responsible for third-party equipment. The Supreme Court declared these arguments untenable and ordered to charge forfeits and fines taking into account the full value of the car, that is, with all the additional equipment installed on it, since the plaintiff intended to use them together.

Return after warranty: difficult, but possible

Yes, a defective car can be returned after the warranty, but only to the manufacturer and not to the dealer, and for this it is necessary to prove that the discovered defect arose before the transfer of the goods to the consumer or for reasons that arose before that moment. As an example, the proceedings around a broken car are given: the dealer handed it over to the buyer, but did not report the defect (the seller claims that he did not know about it, they say, they hit and painted at the factory). The courts of the first two instances in this case supported the plaintiff, but the Supreme Court, strictly following the letter of the Law, sided with the car dealer. Since it is impossible to establish exactly where the car was repainted, which at the time of filing the claim was not under warranty, then, according to paragraph 6 of Article 19 of the Law "On Protection of Consumer Rights", it is unlawful to make claims against the seller, the manufacturer should act as the defendant in this case. There are other restrictions: significant defects in a car with an expired warranty can be presented to the manufacturer after two years from the date of transfer of the goods to the consumer (if the guarantee is less than this period), during the service life established for the goods or within ten years from the date of transfer of the goods to the consumer in case the service life is not set.