Return the money to the car under warranty. How to return a car under warranty to a car dealership. Is it possible to return a car to a car dealership

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What is the law

The buyer is entitled, in certain cases, to terminate the sales contract and return the goods to the seller (household appliances, food, cars, etc.). In our country, this aspect is regulated both by the law "On Protection of Consumer Rights" and by articles from the Civil Code.

The Consumer Protection Law classifies a car as a technically complex product. The buyer cannot return or change it just because it turned out to be not so beautiful, of the wrong color, configuration, or simply did not like it.

For example, you bought a car in a showroom, signed a contract, paid the full amount and drove it home. The next day, it became clear that the chosen color did not meet your expectations. The car was bought the day before, it is completely new.

Returning to the car dealership and declaring your problem, you expect that they will go to a meeting and replace the vehicle with a similar one with a different body color. But according to the law, the car dealership is not obliged to do this, since no flaws have been identified in the car, which is a prerequisite for making such a requirement.

Let us dwell in more detail on the issue of returning the purchased car to the salon.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issue.

Return terms

According to Articles 18 and 19 of Law No. 2300-1, there are the following deadlines for contacting the seller or manufacturer with the requirement to return the goods:

The buyer has 14 days from the date of sale to return the car with identified deficiencies;
two years from the date of purchase for the return of the car with identified significant flaws and in case of violation of the permissible deadlines for eliminating the deficiencies;
during the established service life, the product can be returned to the manufacturer if a significant defect is found in it. If this period is not specified in the documentation, then it is 10 years.

Important! According to article 22 of Law No. 2300-1, the seller is obliged to terminate the contract and return the paid funds within 10 days from the receipt of the corresponding request. A similar period is given to the manufacturer if the claim is addressed to him.

How to return a car to the salon within 14 days

According to the Law "On Protection of Consumer Rights", the return of the car to the seller within two weeks is possible if the following conditions are met:

a defect or malfunction has been identified in the car, about which the buyer was not warned in advance. For example, there is no sound insulation described by the seller, or the windshield wipers refused to work;
the vehicle has retained its presentation. All stickers, labels and other information from the seller or manufacturer, located in the cabin, on the body and glass, remained in place;
there are no signs of use on the car. Naturally, in a few days it was already ridden. However, to return the purchased vehicle, it must be free of scratches, chips, dents, stains on the upholstery, etc.

What are the shortcomings you can return the car back

The law allows you to return the car to the seller if the defects found:

not amenable to elimination;
are corrected only for a lot of money;
repeatedly reappear after elimination;
lead to the emergence of new ones.

A claim for a return can also be made when the elimination of defects under the guarantee lasts more than 45 days.

For example, in a new car, there are constant gear shifting problems. In the service, the jamming of the box was eliminated, but there were problems that appear regularly with the brake system or steering wheel. In this case, it will be easy for the owner to return the purchase to the dealer.

Reasons for returning after two weeks of vehicle operation

Note! The law clearly regulates the grounds for returning a technically complex product to the seller. After a two-week period, this can be done in accordance with Article 18 of the "Law on the Protection of Consumer Rights".

The main condition is the detection of a significant flaw in the car.

This term is explained in the PP of the RF Armed Forces No. 17:

irremovability. The mechanism cannot be brought into conformity with the normative documentation by means of repair work. For example, the geometry of the body is broken in the car, which makes it impossible to correctly install other components and assemblies;
the cost of correcting the deficiency is disproportionate. A detailed analysis of a specific situation is required;
the duration of repair work to eliminate the defect is over 45 days;
repeated manifestations of the lack. After a warranty repair, it appears again and again, interfering with the normal operation of the machine.

Having found a significant flaw in his car, the owner makes a claim to the car dealer or manufacturer with the requirement to make an exchange or return.

Clause 5 of Article 18 of Law No. 2300-1 states that the seller is obliged to accept defective goods. A similar obligation lies with the importer or other authorized organization. If in doubt, they have the right to check the quality of the car.

If the buyer expresses a desire to participate in it, then he must be notified in advance of the time and place of its holding.

If doubts arise in the conclusions of the inspection, a repeated examination is appointed with the involvement of an independent specialist.

The party guilty of the appearance of deficiencies is obliged to pay for the examination. If the findings indicate that a significant deficiency exists, then the seller is obliged to reimburse the buyer for the cost of an independent quality assessment.

Watch the video. Return of the purchased car:

Car return procedure

Returning a car to a dealer is not an easy procedure. If possible, it is better to entrust this to an experienced lawyer.

To independently solve the problem, you will need:

come to the salon, state the current situation, verbally demand to terminate the sales contract or replace the car with a similar one without flaws;
demand from the company the payment of a penalty for the time while the purchased car was in the service, and you were forced to do without it;
demand from the dealer compensation for the cost of car service, if the work was not carried out under warranty;
if the vehicle was purchased using credit funds, then calculate the amount paid to the bank during the period of the vehicle's operation.

Attention! Having heard a refusal in response to your demands, proceed to the next stage - drawing up and submitting a claim in writing.

What to do if the salon refuses to return the money

Not in all cases the dealer immediately agrees to return the money. If oral arguments have not produced the desired effect, go to written communication and get ready to apply for the protection of your interests in court.

This can be done only after an attempt has been made to resolve the dispute out of court. This is done through the transfer of a written claim to the salon.

A document is drawn up in any form, but its content should be as follows:

the full name of the dealer and his coordinates;
personal data of the applicant;
the document is titled as a claim;
the circumstances under which the vehicle was purchased (date, place, cost, contract data, etc.);
the essence of the claim, and when it arose. Actions taken to resolve the issue;
references to the provisions of the Civil Code and the Law "On Protection of Consumer Rights";
the essence of the requirements for the dealer;
list of applications;
date and personal signature.

Attach copies of the contract and TCP to the paper.

Documents required for a refund for a purchased car:

passport of a citizen of the Russian Federation;
contract;
a receipt of payment, if preserved (the absence of a payment document is not a reason for refusing to satisfy the legal requirements of the buyer in accordance with paragraph 5 of Article 18 of Law No. 2300-1);
service book;
papers that confirm the presence of a malfunction (work order, examination result, etc.).

Send copies of documents by registered mail or hand over in person. In the first case, pay extra for the return receipt, and in the second, ask to put a mark on your copy. So you can prove that the papers were handed over to the seller on the specified date.

After submitting the formal request, the seller has 10 days to review it. During this period, the buyer must be given a refusal, or paid for the faulty car. For violation of the term, the organization is obliged to pay a penalty equal to 1% of the original cost of the car per day.

ATTENTION! View the completed claim form at a car dealership:

Defending rights in court

If no response was received to the claim, and the money was not paid on time, then file a claim in court.

Important! When drawing up your application, please include the following information:

full name of the court;
personal data of the plaintiff. For citizens: last name, first name, patronymic, registration address. For organizations: name and legal address. If the interests of the buyer are defended by a representative, then his personal data and information about the power of attorney are indicated;
information about the defendant;
enumeration of the violated rights of the applicant or a real threat of their violation. Key claims of the plaintiff;
the amount of the claim. What does its cost consist of? The amount of money to be collected or disputed is indicated;
the circumstances that led to the filing of the claim;
a list of evidence that confirms the events indicated in the document;
date and signature with decryption.

Attention! The statement of claim can be signed by a legal representative if his power of attorney contains a clause on approval and presentation of claims in court.

It is necessary to substantiate your position and provide evidence. It should be clear from them that the dealer concealed the real condition of the car or otherwise misled you before the sale.

An expert opinion and other papers that can clarify the situation significantly increase the chances of satisfaction of claims by the court.

If you are sure that you are right, do not spare the money for an experienced lawyer. Even experienced car enthusiasts find it difficult to evaluate cars and legal intricacies. It will not be difficult for a lawyer to understand all the intricacies of the case and draw up the necessary papers.

ATTENTION! Look at the completed sample of the statement of claim to the court for the return of a car of inadequate quality to the salon:

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 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 talk about the latter in more detail below);
refusal to carry out repairs under warranty;
violation of the time limit established by law for the elimination of 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 referred to as 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 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 the 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 taking advantage of. 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 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 any 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 repairs.

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 of the manufacturer lasts at least three years or 100,000 km of run. 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 normal 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 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

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 period, 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 shortcomings 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 a 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 contact 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 corresponding 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;
repair;

It should be noted that it is possible to present the above requirements with respect 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 payment, a refund 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 during the 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 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 contract by the bank.

What to do if a car dealership refuses a refund?

In cases where the dealer refuses to admit 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, however, it is necessary to 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 their 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 to which you will refer 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 components 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 can represent your interests in court yourself, 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 opinion, 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 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 the legal costs, including the costs of paying for the expert's work.

Conclusion

Thus, it is quite possible to get 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 to the legal entity that made the sale. This is permitted under the Consumer Protection Law.

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

Grounds for the return of the vehicle

The return to the car dealership of a car purchased from an authorized dealer is made if it, in fact, turned out to be of technically inadequate quality.

Government Decree No. 924 contains a list of technically complex goods, including cars that are designed to 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 of the vehicle commensurately.

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.

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

Registration of the procedure, terms of reimbursement of money 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 the procedure discussed earlier.

Receipt of funds is carried out 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 pay off 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?

The buyer of the car and its seller, working as an official dealer or other business entity that sells cars, conclude a car sale and purchase agreement, which can be canceled in cases provided for by law. That is, the buyer has a legal opportunity to return the car to the car dealership. Let's consider under what conditions he can do it.

Is it possible and how to return a new, warranty car to a car dealership? Let's consider this issue sequentially. The first nuance that interests us is the legality of such a return.

A car is by all indications an unusual product, however, it is subject to classification according to the general rules established by federal law. So, the decree of the Government of Russia dated November 10, 2011 No. 924 classifies cars as technically complex goods. Their specificity is that they are not subject to unconditional return within the period established by law - as is the case with many household items that are not technically difficult.

Cars as technically complex goods are subject to return - within the current warranty period, in accordance with the following two main scenarios:

When no more than 15 days have passed since the purchase.

In this case, a return is possible if defects are found in the car - not specified by the seller when concluding the contract.

When more than 15 days have passed since the purchase.

In this case, a refund is possible:

if significant deficiencies are found in the vehicle;
if the car dealer undertook to eliminate the deficiencies, but violated the deadlines for their elimination established by law;
if the car dealer took the car for repair and at the same time kept it there for 30 days or more during the year.

If more than 15 days have passed since the purchase of the car, and the defect that it has is, by all indications, is not significant, then the buyer has the right to demand from the seller - if at the stage of concluding the contract he did not say anything about the existence of a subsequently discovered defect:

reduce the price of the car commensurately;
eliminate deficiencies free of charge;
reimburse the buyer's expenses for repairing the machine.

Thus, it is possible to return a car to a car dealership under warranty without any problems if the return is carried out according to the first scenario - within 15 days after the purchase of the car. The main condition is the presence of any flaws in its design. It doesn't matter if they are significant or not.

In turn, identifying significant shortcomings as a condition for returning under the second scenario is a more difficult task. Also, certain nuances can have the establishment of the period for which a car is in repair - another possible criterion, subject to which the law allows the return of the car to the dealer.

What disadvantage is considered significant?

The main definition of a significant disadvantage of a technically complex product is given in federal legislation. Such a defect is a breakdown, defect or other violation of the integrity of the product structure, which:

cannot be eliminated without incurring costs and time expenditures that do not make economic sense;
are revealed many times;
appear after elimination once carried out;
correspond to a serious breakdown in essence.

To establish the fact of the materiality of the defect, in most cases, an expert examination is appointed. At the same time, its main purpose is not even to classify the flaw (in many cases its significance is simply obvious), but to establish that the flaw appeared due to the fault of the seller or manufacturer, and not the car owner.

In accordance with the law, an examination within the framework of the guarantee is carried out free of charge for the car owner. In addition, he can be present at the meeting. The results of the examination are in any case contested in court. If the examination shows that the buyer is to blame for the appearance of deficiencies, then he will be obliged to compensate for the cost of this examination.

Another controversial criterion is the establishment of the period for which a car is to be repaired. If it has exceeded 30 days during the year, then the buyer has the right to demand a refund for the car from the salon.

Judicial practice shows that in this period car dealers tend not to include the periods of car transportation to the place of repair (and other periods that are not directly related to direct repair operations - for example, the time the car is in the queue for diagnostics). The Supreme Court in its rulings considers such actions of car dealerships to be unreasonable.

Thus, the specified 30 days should include the entire period from the moment the car was handed over by its owner to the salon for repairs and until the moment he received the car back. It does not matter what kind of operations with the car were carried out during this period.

Let us now consider what actions the car owner needs to take to return a low-quality car to the salon.

How to return a car to a car dealership: procedure

To return the car to the car dealership under warranty - if there are the above reasons, the car owner must:

Draw up a written claim to a car dealership with justification of intentions to return the car.
If there is no response to the complaint, request a written explanation of the situation.
In the absence of response to requests, as well as in case of unsatisfactory content of the answers, initiate an examination.
Repeat the appeal to the car dealership with the attachment of copies of the examination results - perhaps they will become an additional argument in encouraging the seller to do something.
If there is no response to a new claim with the results of the examination, or if the content of the response is unsatisfactory, initiate an appeal to the court.

A claim is filed against the car dealer, supplemented by the necessary documents. The court will consider the results of the examination and other arguments of the parties. The main condition for the car owner to win the case is the validity and consistency of proving his own claims to the car dealership.

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 please 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 goods 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:

The car has a significant flaw that cannot be eliminated.
The legal deadlines for the elimination of defects have been violated.
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 in its own way, 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 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 through the 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 any 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 the specified period or demand a full refund of the car's cost.

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 the time of the repair. If in the aggregate the 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 case of a decision in his favor, the consumer can receive a much larger amount as moral and material damage than the cost of the car.

Returning 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, which 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 the elimination of 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 need to provide as much evidence as possible. It is especially important to carry out an independent examination beforehand, which will identify 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 value 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 present requirements to 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:

Submitting a written claim to the dealer.
Expertise.
Trial.
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 text of the claim 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 payment for the expert's work is carried out 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 is obliged to reimburse. When choosing 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 the return of money, then 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, which will cover all his costs. Sometimes a forfeit helps to punish an unscrupulous dealer. The next time the seller will think twice 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 referencing 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 at the same time 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 off fines.

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

Fines for early termination of the loan, as well as various commissions and interest on the loan that you paid, but did not use the car during the 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 an agreement in which this fact will be spelled out and the amount paid is indicated.

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.