Buying a new or used car can be frustrating if the car is not useful, but a bottomless well that needs to be invested in to correct 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 term 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 such 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 working 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, whether it be 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 wish to exchange quality car no 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 will be able to 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 request for warranty repair.

The Asian Guarantee, in turn, offers 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 guarantee that has become more common, and thus in most cases you will be faced with the fact that the guarantee for new car manufacturer lasts at least three years or 100,000 kilometers. When one of the thresholds is reached, the warranty expires.

Various claims by manufacturers and sellers that the warranty will be 5 years or more are promotions that have great amount reservations that 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 padsas well as regular 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 have chosen 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 expiration of the previously considered 15 days period, it is possible to demand a return or exchange of a car in the following cases:

• the presence of defects in the car 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 appeared due to improper operation or an accident, then they are not a warranty case and repairs are payable.

Out of Warranty

Actual arbitrage 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 a 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 do not seek to go to court at all during warranty period and voluntarily eliminate the shortcomings, however, after 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 45 days period, which is set for the total time of car repair, however, this case involves the discovery of several flaws 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 a car dealership or dealer from whom the purchase was made with a description of the problems found 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 current law this is a fair demand.

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 need to 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 also 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 settlement, 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 subject to refund.

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 accept offers from the seller 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 a recalculation of the cost taking them into account.

Low-quality car on credit

If the purchase was carried out on credit, then the 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 in order not to receive penalties for non-performance of the agreement from 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.

For this you need to prepare statement of claim, where to 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, judges do not have special knowledge regarding technical device the car and its operation, which is why it is required to carefully prepare the evidence to which you will refer and make them as clear as possible to a person 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 declare 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 opinion, in which he must conclude 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 that he is dependent 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.

There are situations when the buyer of the car has the right to return it legal entitywho made the sale. This is permitted under the Consumer Protection Law.

The reason for the request may be technical condition a car purchased at a car dealership. The claim for the return or replacement of goods must be justified.

Grounds for returning the vehicle

Return to the dealership of a car purchased from authorized dealer produced if in fact it turned out to be of technically inadequate quality.

Government Decree No. 924 contains a list of technically complex goods, including cars, which are intended for travel on public roads.

Based on the law, the buyer can, within 15 days from the date of purchase, demand:

• Replace the car with one of the same quality.
• Refund your purchase.
• Eliminate problems in the car.
• Reduce the price proportionately vehicle.

The buyer must first contact the car dealership and inform about the intention to terminate. At the same time, he needs to correctly and competently substantiate his requirements.

If the seller agrees with the requirements, he is obliged to return the cost of the car within 10 days. Exceeding this period is the basis for the payment of a forfeit. In case of refusal by the seller, the buyer has the right to go to court with a claim.

The significant disadvantages of the vehicle are:

• Fatal component (technically impossible to fix the problem).
• A component cannot be eliminated without a commensurate investment of time and substantial expense.
• After repair, the problem continues to recur.

In practice, in cases of such situations, usually everything happens correctly on the part of the seller and the buyer. The parties come to the understanding that the machine does not meet the operating characteristics or the declared build. This will result in the vehicle being returned to the dealer within 15 days of purchase.

During the warranty period, the buyer has the right to return the vehicle if:

• A significant flaw in the vehicle was found.
• The deadline for repairing significant deficiencies within 20 days has already been exceeded.
• The period required for the repair has exceeded 45 days, or a shorter period specified in the written agreement between dealershipwho is the seller and owner of the car.
• Due to the numerous shortcomings of the vehicle, it cannot be used during the warranty period (30 days in total each year).

Registration of the procedure, terms of refund for the car

Usually, when resolving the situation, the buyer is offered adequate options, so he does not need to delve into the legal aspects. If you cannot find understanding on the part of the seller, you will have to act differently.

First, make a competent claim for the return of the car. In writing, you must indicate the date of purchase, the problem encountered, the date the problem was discovered. You can contact the service center to document this fact. In the conclusion of the claim, indicate the requirements for the situation.

The text of the claim must be written with the contact details of the owner of the faulty car. The date of submission of the application must be indicated with a mark on its acceptance. If the seller refuses to accept the application, the documents should be sent by mail with a return receipt to the addressee.

If the written appeal to the seller is ignored, then you should write a claim for the return of the vehicle and send this document to the court at the location of the official dealer. This step can return not only money, but also receive compensation for moral and material damage.

The likelihood of a successful resolution of the situation is very high, since the necessary examinations will be carried out during the trial. In the event of the seller's dishonesty, his guilt will be proven.

Our website invites you to download the correct sample dealer claim. Fill in the required fields and send it to the seller.

Return of a car bought on credit

In case, the situation is a little more complicated, but it also has a solution. When applying for a loan, the buyer pays only the initial payment for the car, and the principal amount is repaid by the bank that issued the loan. In this case, a claim is also drawn up and sent to the seller.

Returning a vehicle purchased on credit to a dealer under a guarantee is almost the same as described earlier.

Receiving money produced in the prescribed manner:

• The seller is obliged to transfer the amount of the initial payment to the buyer in the way that the payment was made (in cash or on a plastic card).
• The seller transfers the rest of the loan to the current account of the bank that issued the loan.

To close all questions, the buyer must repay the interest that has been charged at the moment and close the loan account. This moment cannot be ignored or forgotten about, as the bank can fix a delay in payment. If there is an overpayment on the loan, then in the future it can be claimed on a voluntary or judicial basis from the seller.

How to return a car to a car dealership, dealer under warranty?

Returning a car to a car dealership is a trivial matter. This is how it might seem at first glance. And this is a big mistake. The consumer has a lot of rights in the event of a malfunction of a new car. However, car dealerships are not so easy to part with money and agree to return the car back to the salon. Such a case can actually drag on for months.

An effective "instruction" that must be used when returning a defective car to the salon is the Law on the Protection of Consumer Rights.

When returning a car to a car dealership, one should be guided by the articles of the Law "On Protection of Consumer Rights", as well as the norms of the Civil Code.

Your rights to return the car within a 15-day period

It is important to know: The calculation of all terms does not start on the day of signing the purchase and sale agreement, but from the day following the day of the actual transfer of the car. This is established by paragraph 2 of article 19 of the Law "On Protection of Consumer Rights" and article 191 of the Civil Code of the Russian Federation. For example, the contract was signed on the 20th. For some reason, the buyer did not receive the car on the same day, but on the 22nd. This means that the course of the 15-day period starts from the 23rd.

If any, even minor malfunctions occur in the car before the expiration of the 15-day service life, the buyer, at his choice, can:

• refuse to fulfill the contract of sale and demand the return of the amount paid for such a product (that is, return the car to the car dealership and demand money back);
• or submit a demand to replace it with a product of the same brand (model, article number) or for the same product of another brand (model, article number) with a corresponding recalculation of the purchase price

These rights are established by Article 18 of the Law "On Protection of Consumer Rights".

What can the buyer demand if 15 days have already passed

After 15 days from the moment the car was handed over to the buyer, the above requirements can also be presented. But it is no longer possible to argue for their minor faults. The buyer has the right to return the car to the car dealership after 15 days under the following circumstances:

• detection of a significant lack of goods;
• violation of the terms established by the Law "On Protection of Consumer Rights" for the elimination of defects in the goods (for example, the seller refers to the fact that it is impossible to repair the car, since there are no spare parts, they must be transported from abroad);
• the inability to use the goods during each year of the warranty period in aggregate for more than thirty days due to the repeated elimination of its various shortcomings (that is, if it is impossible to use the car for more than 30 days due to various breakdowns and repairs during the year).

These rights are also established by Article 18 of the Law "On Protection of Consumer Rights".

It is important to know: The list of significant shortcomings of the product is listed in the preamble of the Law "On Protection of Consumer Rights", namely:

• fatal flaw;
• a deficiency that cannot be eliminated without disproportionate cost or time;
• comes to light repeatedly;
• manifests itself again after its elimination;
• other similar disadvantages.

How can you return a car if it was purchased from an individual

This is a tricky situation. In this case, the Law "On Protection of Consumer Rights" no longer applies, as in the situation of returning a car to a car dealership. Probably, it will be necessary to resolve this issue through the courts and without the help of a professional lawyer, the chances of winning the case are almost zero.

Most likely, it will be necessary to carry out an examination and prove that the seller concealed the defects of the car, significantly violated the terms of the contract, and the car itself was of inadequate quality. In this case, it is necessary to use Articles 450 and 475 of the Civil Code of the Russian Federation.

Why is it better to contact an auto lawyer

The Consumer Protection Law is a complex document. It is small in size. But it intertwines norms, articles, terms, which are very difficult to understand on your own.

You should always remember that it is almost impossible to defend your rights without knowing them. Any action of a car dealership, for example, changing a car, must be carried out within the agreed period. Quality control is subject to certain conditions. If the buyer does not know the laws that regulate this, the car service will be able to do literally "what he wants" (re-read the paragraph from the beginning, if you do not understand the idea, because knowledge of the subtleties is the key to success). When trying to return a car to a car dealership, the lawyers of this salon will fix all sorts of obstacles. And they have extensive experience in legal matters.

A person who does not know his rights will never be able to compete with experienced lawyers at a car dealership, and it is not very profitable for the latter to return money for a faulty car that has already been sold to you. Therefore, we strongly advise you to take advantage of the experience of our specialists who are ready to provide you with free legal advice and any other legal assistance to return the car to the car dealership.

Send your question through the form on the website (below) or call us by phone " hotline". Remember that often for a successful solution of an issue, it is enough just to consult an experienced lawyer (especially since we have it for free). You can solve your question faster and without unnecessary problems using the services of our specialists.

Success depends on how long ago the car was purchased. If, when returning within 14 days from the date of purchase, problems can be avoided, then the return of the car with a delay is possible already after good reason (read about whether it is possible to return the car within 14 days or within the warranty period and how to do it).

Usually, the periods for returning the car to the salon can be divided into:

• 14 days term;
• warranty period;
• post-warranty period until the end of the service life.

Within 14 days

If the car owner immediately after the purchase noticed a malfunction in the car, visible defects and wrong work mechanisms - you should immediately submit a written complaint to the salon where the vehicle was purchased.

The car dealership must send a written response within three working days... In a written response, the salon employees usually try to convince the car owner that they were not involved in the defect. Of course, the return of the vehicle to the salon will bring some losses - you will have to either fully compensate for the cost, or replace the vehicle.

If the dealer did not react properly, all breakdowns should be recorded and the dispute should be sent to the courts. A weighty argument in favor of the buyer will be the conclusion of an independent expert commission, which will confirm the presence of defects.

During the warranty period

When buying a new car, a warranty card is issued for it. It indicates the date and amount of the purchase, as well as the timing of the elimination of breakdowns.

If, within the period specified in the guarantee, the breakdown was not eliminated, it is necessary to file a claim in court. An independent expert opinion is also needed here. The report will record the breakdown and the amount required to fix it.

If there is no exchange fund in the salon, the car is simply returned and the entire amount is paid to the buyer. Read about the nuances of returning and exchanging a car, if the car was purchased in the showroom or by hand.

After the warranty period

You can return a faulty car even after the warranty expires. If, within 2 years after the end of the warranty period, the car owner found a defect in the car due to the fault of the manufacturer, you must first contact the manufacturer or an official representative, and then make demands on the dealer.

Practice shows that manufacturers themselves more often take the side of the buyerthan car dealerships.

In the event that a direct appeal to the manufacturers has not been crowned with success, you should file a claim in court.

Because of marriage

If a factory defect is found in the car, the buyer has the right to return it to the dealer within 15 days.

The condition for the return does not have to be some kind of serious breakdown (for example, in the engine). The reason may be simple malfunction wipers.

In addition, a car dealer can offer repair of a faulty part or mechanism - and after a month it will fail again. If this situation is repeated several times, you need to demand the replacement of the car.

You can find out whether it is possible to exchange an old or defective car for a new one in a car dealership and how the procedure is carried out.

Used car

A warranty card is also issued for used cars. Therefore, the buyer has the right to demand the elimination of breakdowns in the same way as when buying a new car. The scheme is the same here: the salon most often refuses to repair the vehicle, therefore, it is necessary to conduct an independent assessment and go to court with its results.

How do I legally request a return after purchase?

To receive monetary compensation when returning a car to a dealer, follow these steps:

1. write a complaint to the dealer's name;
2. to conduct an examination;
3. send a claim to court;
4. wait for the execution of the court decision.

Read about whether it is possible to return the car after the sale and how to do it, and from you you will learn how to legally return the car to the seller if former owner - private person.

Submitting a claim

It is permissible to make a written claim in any form. The text of the claim must contain the following points:

• title of the document - claim;
• consumer and dealer data;
• date and place of purchase of the car;
• make and license plate;
• description of the detected defect;
• legislative rationale;
• consumer requirements.

In a claim, it is important to always refer to the "Law on the Protection of Consumer Rights" (Article 18) and the norms of the Civil Code.

The application must be accompanied by copies of documents confirming the ownership of the car. The package of documents is sent by registered mail by mail, or brought in personally.

Required documents

To return the car you need:

• personal identification document;
• sales contract (read about whether it is possible to return the car to the seller under the sales contract and how to do it);
• a document that confirms the car's malfunction;
• service book.

Where to contact?

Having collected a complete list of documents, you need to go to the car dealership. If the claims were not satisfied within 10 days, the buyer has the right to go to court.

Passing examination

When making a claim to the dealer, the client has the right to demand an examination at the expense of the car dealership itself. The claim must be satisfied within three working days. In the event that a defect was not discovered during the examination, the client assumes the payment for the services of the appraiser.

The examination takes place in several stages:

1. inspection (as a rule, it takes place with photo and video recording);
2. assessment of car breakdowns;
3. calculation of repair costs;
4. compilation of a report.

The report contains all the data of the car, as well as the date and place of the inspection.

The client has the right to request a private independent examination... In this case, he will have to pay for the services of the appraiser himself.

Drawing up an act

In the event that the court satisfied the claims of the plaintiff and the car dealership is obliged to pay the sum of money for the faulty car, an acceptance certificate is drawn up.

Acceptance certificate - legal confirmation of the transfer of the vehicle between the owners. The transfer will be canceled without this document.

How long should the money be returned?

After a positive decision of the court, the owner of the car again contacts the dealer company. She must respond to the request to return the car within the period established and recorded in the court order.

What to do in case of refusal?

If the car dealership refuses to settle the problem out of court, you must go to court.

Filing a statement of claim with a court

To simplify the situation, it is better to contact a lawyer who will help you draw up a statement of claim. It is compiled in free form. The claim must indicate:

1. date and place of purchase of the car;
2. all technical data of the vehicle;
3. a reference to the law "On Protection of Consumer Rights" (Article 18);
4. a list of claims that the car dealership did not satisfy.

You need to attach to the application itself:

• claims that were not satisfied by the dealer;
• copies of documents confirming the right to own a car;
• the results of the examination.

You can go to court at your place of residence.

State duty:

• with a claim price of more than 1 million, the state duty for a statement of claim is 13,200 + 0.5% of the amount exceeding 1 million.

Duration of consideration

According to article 154 of the Code of Civil Procedure of the Russian Federation, civil cases must be considered within 2 months from the date of filing a claim.

Term of execution of a court decision

According to the Code of Administrative Offenses (Article 31.1), within 10 days the court decision must be enforced.

Nuances for a car bought on credit

The loan car can also be returned to the car dealership. A car purchased on credit is also a collateral... Therefore, the bank, which is unprofitable for the loss of the collateral, will connect and take the client's side. You can return the car to the dealer if a malfunction is detected.

If further payments are impossible, the issue is resolved privately directly with the bank, since it is not the dealer's fault that the borrower has financial difficulties.

Before the trial, the client sends a claim to a car dealership, and during the trial involves a banking organization as a third party.

Before making a decision, there is no need to stop loan payments - the bank will cooperate only with a decent client.

Can you return the vehicle to the bank?

No. In fact, the bank needs money, not a car, so it will do its best to help recover damages from the car dealership.

How to return to the salon?

First of all, the client must contact the car dealership and request documentary evidence of termination of the purchase and sale agreement.

Then the buyer goes to the bank. The financial institution is obliged to pay the money paid to pay off the debt and the fee for the loan. The money paid for the car is usually returned to the bank by the salon itself.

After the calculation has been made with the client, you can contact the bank with a request to provide a certificate stating that he has no financial claims against the borrower. The payment of interest on the loan can be judicially assigned to the dealer. To do this, you need to go to court with a claim.

The statement of claim includes:

The application, which will be helped by lawyers, must be accompanied by documents confirming the car's malfunction, as well as documents confirming the right to own the car. Besides:

• a receipt for sending a copy of the lawsuit to the seller;
• a photocopy of the claim previously sent to the seller with a shipping receipt.

The salon must return the money in full, as well as pay the interest paid on the loan by the plaintiff.

What to do if your vehicle is denied?

In this case, you must conduct an independent examination at your own expense and go to court. The statement of claim shall indicate all the circumstances of the case, substantiate the reasons for demanding a refund for the car or demanding its exchange for another. In addition, it is necessary to indicate a complete list of defects and malfunctions identified by the examination.

Attached to the application:

• copy of DCT;
• conclusions of an independent examination;
• a receipt for sending a letter to the dealer;
• written refusal from the dealer.

State duty:

• with a claim price of 200001-1000000 equal to 5200 rubles + 1% of the amount exceeding 200 thousand;
• with a claim price of more than 1 million, the state duty for the statement of claim 13,200 + 0.5% of the amount exceeding 1 million

According to article 154 of the Code of Civil Procedure of the Russian Federation, civil cases must be considered within 2 months from the date of filing a claim. According to the Code of Administrative Offenses (Article 31.1), within 10 days the court order must be executed.

Returning a car to the salon is a long and difficult process... But if you approach it correctly, you can always win the case, since the courts are largely loyal to the buyers of low-quality cars.

Related Videos

We suggest watching a useful video on how to return a car to a car dealership:

If you find an error, please select a piece of text and press Ctrl + Enter.

There are hundreds of reasons why a car owner can be disappointed in a purchased car.

Behind the visual appeal of a car, factory defects can be hidden, which are called marriage.

What to do in such a case? Can I return a car to a car dealership? We will answer these questions further.

The first thing to understand for yourself: the fact that the car has ceased to like is not enough to hand it over to the dealer.

According to Art. 25 p. 1 of the Law "On Protection of Consumer Rights", the car can be returned within 14 days in case of defects. Even a minor, insignificant breakdown allows you to return the vehicle within the specified period.

The consumer has the right to withdraw from the car purchase agreement and demand from the dealer:

• full refund of the amount;
• replacement of a product with an identical one (of the same brand, model, etc.) with a recalculation of the cost.

If more time has passed after purchasing a car, then it will be much more difficult to hand it over.

There can be only 3 reasons for a late return:

1. The car has a significant drawback that cannot be eliminated.
2. The legal deadlines for eliminating defects have been violated.
3. During the warranty period, the machine could not be used for 30 cumulative days due to repeated troubleshooting of various faults.

Each reason is proved differently, but the order of solving the problem will always be the same.

Now the question arises: what does "significant disadvantage" mean? For 2020, such defects are recognized as defects that cannot be eliminated, or their elimination will require significant costs.

At the same time, the dealer decides in each specific case whether it is possible to equate a defect with a significant defect. And if the seller insists that there are no grounds for refunding the money, then the consumer has only one way out - to prove in court that the disadvantage is significant.

As for the second reason, everything is simpler here: if the dealer could not eliminate the malfunction within 45 days, then he must take the car back to the salon or agree to other conditions stated by the buyer.

No excuses will help him to sort out the situation in favor of the car dealership. Whether there were spare parts, or whether the mechanic was on vacation, it doesn't matter at all. Didn't meet in a month and a half - please, return the full cost of the car.

And if the contract initially stipulates a shorter repair period, for example, 25 days, then exceeding this period already gives the right to demand the return of the vehicle.

Pay attention to the terms of car repair under warranty specified in the contract... Your right is to demand that the defect be corrected within a specified period or demand a return full cost auto.

And immediately fill out a written claim in 2 copies: give one to the dealer, and on the second ask him to put a mark on the date of receipt. An oral claim will be difficult to prove in court.

In order to prove the third reason for the return, the consumer must record each breakdown and repair time frame. If the total repair period reaches 30 days, then the salon is obliged to respond to the consumer's claim and return the cost of the car.

Otherwise, the client has every reason to go to court, and in the event of a decision in his favor, the consumer may receive a much larger amount as moral and material damage than the cost of the car.

Return of a car of inadequate quality to a car dealership

There are 3 temporary situations when you can exchange a car or demand a refund for it:

• within 14 days from the date of purchase;
• within the warranty period;
• after a guarantee until the end of the service life.

If during this period the consumer has discovered an unrecoverable defect or malfunction in the car that requires large financial and time costs, then the first thing to do is to submit a written claim to the car dealership.

Then you should wait for a response within 3 days. Most often, dealers initially refuse the client, trying to convince him of his innocence in the breakdown. Refunds for a sold car or its exchange are not beneficial for the salon, which explains such a reaction.

In this case, the consumer documents the breakdown and submits the dispute to the courts.

It is advisable to conduct an independent examination before the trial, then the chances of getting money in full, as the court practice shows, increase almost to the maximum.

Return of a car during the warranty period

Each new car sold in a car dealership is accompanied by a warranty card, which indicates the time frame for repairing the breakdown.

If during this period the breakdown is not eliminated, then again a written claim should be submitted to the dealer. In case of refusal, which is most often the case, the dispute is referred to the court.

In order to win the trial, you must provide as much evidence as possible. It is especially important to carry out an independent examination beforehand, which will indicate the breakdown and determine the degree of damage.

In cases where the dealership does not have an exchange fund, the consumer's requirements are met by returning the full cost of the goods.

Judicial practice shows that after the end of the warranty period, the vehicle can be returned to the car dealership. It's just that not all consumers own the rules of the law.

If, within 2 years after the end of the warranty, the car owner finds a defect in the car due to the fault of the manufacturer, you must first contact the manufacturer or an official representative, and then make demands on the dealer.

As practice shows, the manufacturer in this case often meets the consumer halfway than the seller, who almost always refuses due to the end of the warranty.

If it was not possible to resolve the dispute, the consumer's path is still the same - to the court.

Procedure for resolving a dispute with a car dealer

In order to exchange a low-quality car or receive a refund for it, the consumer needs to go through several stages:

1. Submitting a written claim to the dealer.
2. Expertise.
3. Trial.
4. Execution of the court decision.

The written claim must be structured in such a way that, if the dealer refuses, the consumer has every reason to file a claim.

The claim text must include:

• consumer and dealer data;
• date of purchase of the car;
• make and license plate;
• description of the detected defect;
• legislative rationale;
• consumer requirements.

The essence of the claim must be stated succinctly and strictly, always with reference to the law. A correctly drawn up claim takes no more than 1 A4 page.

You can submit a claim in person or send it by mail, courier delivery service.

Note! If you are filing a claim in person, then ask to put on your copy:

• company stamp;
• the signature of the receiving employee;
• date;
• incoming number.

In case of refusal, send by mail a valuable letter with an inventory and notification of receipt. In the text of the inventory, write how many and what documents you send.

This will help in the future to avoid refusal, allegedly due to the absence of any document. Notification is needed to indicate the timing of the consideration of claims.

The claim must be accompanied by:

• contract of sale;
• registration certificate for the car.

In a claim, you have the right to raise the question of an examination with the dealer... This requirement must be satisfied within 3 days.

If the defect is confirmed, you can proceed to the issue of car exchange or refund.

The expert is paid for by the dealer. However, if the defect is not confirmed, the consumer is obliged to reimburse the cost of the examination. So it is better to order the expertise yourself.

You will have to pay for it, but if a defect is found, the payment can be included in the losses that the car dealership must compensate. With your choice of an Expert Advisor, the probability of a correct conclusion increases significantly.

If within 10 days the dealer does not satisfy the consumer's claim about the exchange of a car of inadequate quality or a refund, he will have to pay a penalty in the amount of 1% of the value of the vehicle.

If the claim is not satisfied, then file a claim in court. Before that, you should obtain a written refusal from the dealer, or at least get evidence that you tried to request such a refusal.

A statement of claim is drawn up in approximately the same way as a claim... But here it is already possible to describe the situation in more detail by including the story of the dealer's refusal to satisfy the claim.

To make a legal decision, a forensic auto-technical examination will first be appointed. The court is always based on the conclusions of a forensic expert, not a pre-trial expert.

It is advisable to indicate a third party in the claim - the manufacturer (official representative)... It is this fact that can play a decisive role, since the manufacturer is not interested in undermining its reputation and, most likely, will offer to sign a peace agreement and will not bring the case to court.

In a court case, the plaintiff always asks for a forfeit that will cover all his costs. Sometimes a forfeit can help punish an unscrupulous dealer. Next time, the seller will think twice about whether to deny the consumer a claim.

After making a decision, you must contact a car dealership. If the dealer still refuses to exchange or return money for a car, then the next step is to contact the bailiffs, who will certainly force the car dealership to comply with the court's decision.

If the exchange is not possible, then the amount that you paid upon purchase is subject to refund... Sometimes dealers go for gimmicks and try to lower the cost by citing the lifespan of the car, but this is illegal.

Moreover, if the price of a car of the same make and model rises, you can ask for a refund of the cost of the car at the moment.

If a car was bought on credit, then it is simultaneously a collateral.

In this case, the bank is involved in the dispute, which will be interested in helping the client. After all, the loss of the collateral is not profitable for the bank.

Before the trial, you send a claim to a car dealership, and during the trial, you need to involve a banking organization as a third party.

Until a decision is made, there is no need to stop loan payments... Firstly, all the same, these contributions will remain with you until the case is closed, in addition, you will also have to pay fines.

In addition, the bank will only help a responsible and conscientious payer.

Fines for early termination of a loan, as well as various commissions and interest on a loan that you paid, but did not use a car during a dispute, can be imposed on a car dealership.

How to get a deposit back for a car bought at a car dealership?

When making a deposit for the car, the car dealership is obliged to provide the buyer with a contract, which will spell out this fact and indicate the amount paid.

In this case, the deposit will be returned along with the principal amount that the dealer will return for the car. The amount of the deposit must be indicated in the claim, and then in the lawsuit.

The car dealership has the right to refuse to provide warranty repairs, refunds for a car or its exchange in the following cases:

• with unreasonable use of the vehicle;
• in the event of an accident or natural disaster;
• when using the services of services that do not work with the car dealership;
• if the breakdown happened due to the fault of the buyer.

So, it is quite possible to resolve the issue with a low-quality car bought at a car dealership. It is only important to know the rights of consumers and to act correctly in such a situation.