In what cases can I return a defective car to the dealer? Supreme Court clarification. Exchange and return of a car to a car dealership: recommendations from lawyers Returning a car to a car dealership after purchase

According to the Law “On Protection of Consumer Rights”, a car can only be returned to the store if it has a significant defect that was not specified at the time of purchase. How long does it take to return a car to a dealership? What are the rules for returning a car to a car dealership? Read in this article.

What does the Law say?

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

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

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

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

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

For example, when choosing a vehicle, the seller said that the car perfectly absorbs street sound, but in fact it turned out that the car does not absorb extraneous sounds generally. Or if the purchased car had faulty “wipers”.

• If the car has not lost its presentation;

Have you retained any decals, decals, or labels that were affixed to the cabin, hood, or windshield car.

• The machine has no traces of operation;

It is clear that after buying a car, you managed to “travel” it a little. But if you want to return the purchased car to a car dealership, then there should be no chips on the windshield from stones on the roads, there should be no oil marks on the seats, and there should be no dents or scratches on the hood of the car.

Procedure for returning a defective vehicle

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

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

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

• State the reason for the return and your requirements;

Under the Consumer Protection Act, you are entitled to:

• Return full cost car in exchange for the return of the car;
• Exchanging a car for the same car, but without a detected malfunction / shortcoming;
• Exchanging a car for a car of another brand (with recalculation of the cost);
• Eliminate the deficiency at the expense of a car dealership;
• Compensation for the cost of car repairs;

Return of a broken car after 14 days

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

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

The warranty period is six months.

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

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

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

• In general, it cannot be eliminated:
• It is possible to eliminate, but at the commission of serious financial costs;
• Occurring again and again after each repair;
• The resulting deficiencies contribute to the emergence of other deficiencies;

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

Example: you bought a car, and the gears in it regularly jam, which creates emergency situations on the roads. Having repaired the “transmissions”, after some time the brakes began to stick regularly in the car or the steering wheel did not turn. It will not be difficult to return the car to the salon if such shortcomings are identified.

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

• Will draw up a written request to terminate the contract of sale with the car dealership;
• Contribute to the fact that the car dealership in the shortest possible time returned to the buyer of the car bought from them its full cost;
• He demanded that the car dealership pay penalties for the period when the car was being repaired and the buyer was forced to move without a vehicle;
• Received from the car dealership compensation for the cost of their own services;
• If the buyer issued the car on credit, the lawyer will also help to return the amount that, by the time the car was returned to the car dealership, the buyer managed to pay off the loan;

Information

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

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

What will you have to prove to the dealership? That the malfunction that occurred in the car is a consequence of its improper operation on the part of the buyer. It is very difficult to do this. So, in any case, the buyer has more chances to return the car and its cost than the car dealership.

Sample Documents

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

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

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 dealership. Consider under what conditions he can do this.

Is it possible and how to return a new one, warranty car to a car dealership? Let's consider this question sequentially. The first nuance that interests us is the legitimacy 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. Thus, 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 complex.

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

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

In this case, a return is possible if the car has defects that are not specified by the seller at the conclusion of the contract.

1. When more than 15 days have passed since the purchase.

In this case, a refund is possible:

• upon detection of significant shortcomings in the vehicle;
• if the car dealer undertook to eliminate the shortcomings, but violated statutory terms of their elimination;
• if the car dealer took the car in 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, by all indications, is not significant, then the buyer has the right to demand from the seller - if he did not say anything at the stage of concluding the contract about the presence of a subsequently discovered defect:

1. proportionally reduce the price of the car;
2. fix deficiencies free of charge;
3. reimburse the buyer for the cost of repairing the machine.

Thus, you can return the car to the 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 may have the establishment of the term for the car to be repaired - another possible criterion, subject to which the law allows the return of the car to the dealer.

What disadvantage is considered significant?

The basic definition of a significant defect in a technically complex product is given in federal law. Such a defect is a breakdown, defect or other violation of the integrity of the design of the goods, which:

• cannot be eliminated without making expenses and time costs that do not make economic sense;
• appear multiple times;
• appear after elimination once;
• correspond to a serious damage on the merits.

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

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

Another controversial criterion is the determination of the term for the car to be repaired. If it exceeded 30 days during the year, then the buyer has the right to demand a return from the salon Money for a car.

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

Thus, the indicated 30 days should include the entire period from the moment the owner handed the car over to the salon for repairs and until the moment he received the car back. It does not matter what kind of operations were carried out with the car 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 take a car to a car dealership: procedure

In order to return the car to the car dealership under warranty - in the presence of the grounds discussed above, the car owner must:

1. Make a written claim to the car dealership with justification of intentions to return the car.
2. In the absence of a response to the claim, request written explanations on the current situation.
3. If there is no response to requests, as well as if the content of the answers is unsatisfactory, initiate an examination.
4. Repeat the appeal to the car dealership with copies of the examination results attached - perhaps they will become an additional argument in stimulating the seller to do something.
5. If there is no response to a new claim with the results of the examination or if the content of the answer is unsatisfactory, initiate an appeal to the court.

A claim is drawn up 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 winning the case for the car owner is the validity and consistency of proving their own claims to the car dealership.

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What is the consumer protection law

According to the requirements of the Federal Law on Consumer Rights Protection, it is possible to return not only low-quality goods, but also a purchase that was made in accordance with applicable standards, but did not fit in color, style, size or other consumer properties.

Important! For the consumer to return to the seller non-food product corresponding to qualitative characteristics, the law allocates 14 days. That is, from the date of purchase should not be more than 2 weeks.

Returned goods are subject to the following general requirements:

• preservation of the presentation;
• availability of product tags and labels;
• The buyer did not use the product.

The regulation established exceptions to the general rules. That is, the conditions under which the consumer cannot return certain non-food products of good quality. The law includes vehicles, which include cars.

Based on the conditions of Article 25 of the Federal Law on the Protection of Consumer Rights, the car, if it meets the quality characteristics, cannot be returned to the seller. Only if defects are found in it, the return of the car is possible on the basis of Article 18 of the RFP Law.

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

Is it possible to return the car

To return a car to a dealer or manufacturer, the Law provides for clear conditions and a strictly limited time period. In this case, the vehicle must be under warranty.

In order to return the car was possible, you should carefully study the terms of the contract of sale of the vehicle.

If imperfections, defects or other malfunctions that were not specified in the terms of the transaction are found in the car, then the return of the car is possible no later than 14 days from the date of the conclusion of the sales contract and the signing of the vehicle acceptance certificate.

These requirements are especially relevant at the present time, since many car dealerships sell used vehicles that have certain defects.

When buying such a car, you should first thoroughly check its technical condition, engine operation mode internal combustion, undercarriage, other units and mechanisms, electrical part.

If, after purchasing a used car, imperfections, defects or malfunctions are found, the consumer should be aware of the following:

• car dealership is a business entity and has the status legal entity or it is owned by an individual entrepreneur;
• the state imposes on them the obligation to comply with the provisions of the Federal Law on the protection of consumer rights, and therefore, to comply with the consumer's legal requirements for the return of a faulty car.

Conclusion. It is possible to return such a car. The algorithm of the procedure corresponds to the same conditions under which a new vehicle is returned.

For what reasons can you return the car to the salon within 14 days

Both a new and used car can be returned to the seller within fourteen days if the buyer understands the classification features of the vehicle's shortcomings.

• correctable deficiencies;
• irreparable damage.

If everything is very clear with removable shortcomings, then fatal ones are characterized by the fact that the same part constantly fails in the vehicle. Or after replacing one part, the second one fails, and so on all the time.

In such cases, the consumer may present the car for return to the dealership on the basis that it is practically impossible to operate this vehicle. That is, the purchased product is of poor quality.

The second condition for returning the car is that it has been under repair for more than a month for a year. However, the vehicle must be under warranty all this time.

Serious breakdowns of the engine, gearboxes are separate grounds for returning the car to the car dealership.

Remember! If the car is under warranty and at the same time needs to be repaired every year, since it cannot be repaired normally, then it can also be returned to the seller.

In order for the consumer to correctly navigate what to do in case of a particular breakdown of the vehicle, whether it is possible to return the car to the seller within 14 days, it is recommended to contact our experienced legal specialists.

Car return algorithm

Attention! If a consumer has bought a vehicle that has various defects or malfunctions, then the Federal Consumer Protection Act provides an opportunity to return such a vehicle to a car dealership.

To do this, you must follow the following algorithm of actions:

• notify the dealer of your desire to cancel the vehicle purchase agreement;
• to do this, prepare a legally justified claim, in which you state the reason for which the decision was made to return the vehicle to the car dealership;
• hand over the claim together with the attached documents confirming the position of the buyer to the dealer. If none of the officials puts a mark on the acceptance of the document, then the claim should be sent by registered mail with acknowledgment of receipt;
• as attachments, a copy of the sales contract, the act of acceptance and transfer, registration documents for the vehicle, warranty card, acts for repeated repairs should be attached;
• if necessary, at your own expense, you can carry out a technical examination of the vehicle, which will confirm the malfunction of the car.

Since the content of the correspondence with the dealer must have a legal basis, it is better to involve experienced lawyers in drafting the documents. If the dealer does not agree to the demand of the consumer, one should prepare for a lawsuit.

Watch the video. How to get a refund for a new but broken car:

How to make a written claim

A written claim by the buyer precedes the appeal to the court with a statement of claim.

Please note! The current legislation does not impose any specific requirements on this document, however, legal practice has developed its own approach to the content and execution of a claim:

• make at least two copies - one for the dealer, on the second the seller must mark the receipt;
• the structure of the document must correspond to the statement of claim, assuming that the dispute will go to trial.

Thus, the claim must contain introductory, descriptive, motivational and resolutive parts.

The introductory part should include:

• the name of the seller to whom it is addressed;
• legal address, actual location;

The descriptive part, in addition to the title of the document - "Claim", contains a factual statement of the circumstances of the emergence of legal relations between the parties, including:

• date of conclusion of the contract of sale of the car;
• characteristics of the vehicle, its name, brand, model, color;
• digital values ​​of numbered units.

The motivational part is intended to reflect the identified shortcomings in the vehicle, how they manifested themselves, what measures to eliminate them and by whom were taken. The conclusion of the auto technician about the possibility or impossibility of further operation of the car with such malfunctions or defects in the nodes and mechanisms.

Attention! Since the seller has the right to conduct an expert study of the vehicle on his own, the dealer should pay attention to this legislative norm in the complaint.

ATTENTION! View the completed sample claim to the car dealership:

• article 18 of the Federal Law on the Protection of Consumer Rights, which gives the buyer the right to return the goods to the seller if defects or malfunctions are found in it;
• Article 309 of the Civil Code Russian Federation, which imposes on the seller the obligation, in dealing with the buyer, to act strictly in accordance with the requirements of the current legislation;
• article 310 of the Civil Code, which prohibits the unilateral refusal to fulfill the obligations assumed;
• article 503 of the Civil Code of the Russian Federation, the disposition of which is duplicated in article 18 of the Federal Law on STDs.

The claim, in addition to other papers, must be accompanied by a copy of the payment document confirming the fact that the buyer made a payment for the purchased car.

Even if such a document has not been preserved, in accordance with paragraph 5 of Article 18 of the Law on the Protection of Consumer Rights, such a circumstance is not a basis for refusing to satisfy the submitted claim.

The seller is responsible for delivering the vehicle to the dealership. This is provided for in Article 7 of the Consumer Protection Act. Therefore, if the car is defective, and the buyer had to deliver it to the dealer at his own expense, the latter is obliged to reimburse the costs.

Remember! The operative part of the claim indicates the position of the buyer, that is, one of three possible options:

• replace the vehicle
• accept the car, returning the money paid for it;
• perform warranty repairs.

The seller is obliged to respond to a correctly executed and handed claim depending on the requirements put forward by the buyer:

• if a requirement is made to replace the car with another, serviceable one, the law takes 20 days;
• for a refund - 10 days;
• warranty repairs cannot last more than 45 days. If this deadline is not met, then the buyer has the right to take advantage of the requirement to replace the car or return money for it.

Note! If the seller has not complied with the requirements within the specified time frame, the buyer has grounds for going to court.

However, he will have to make an auto-technical examination at his own expense, which should confirm that the vehicle is out of order through no fault of the buyer. Without the opinion of such a specialist, it is not worth filing a claim.

Can a dealership not accept a vehicle back?

By general rule sale vehicles carried out with the provision of a guarantee for repairs in the event of technical breakdown. However, a car dealership may not accept a car that is under warranty for repairs.

This requires legal grounds, which are:

• car breakdown as a result of a traffic accident, the consequences of natural disasters;
• carrying out preliminary repairs at service stations with which the dealer does not cooperate and which cannot carry out warranty repairs;
• the buyer is at fault for the damage to the vehicle.

Therefore, you should approach the purchase of a personal vehicle very seriously.

When solving such an issue, it is better to contact a dealer who gives a guarantee for the repair of the car in case of a malfunction. And knowing the buyer of their rights will avoid problems.

lawsuit

If the dealer did not satisfy the requirements of the buyer, set out in the claim, it is necessary to prepare for the judicial procedure for resolving the dispute that has arisen.

Please note! The claim, in accordance with the rules set forth in Chapter 12 of the Code of Civil Procedure of the Russian Federation, must contain the following data:

• name of the court locality, streets, building number;
• the plaintiff's data, including last name, first name, patronymic, address of residence, means of communication in the form of a telephone number or e-mail;
• if the applicant is represented by a trustee, all his data are indicated, as well as the document on the basis of which he acts;
• information about the plaintiff, its organizational and legal form of ownership, legal address, actual location;
• the price of claims;
• the name of the document "Statement of Claim" with a brief indication of the essence of the claim;
• the circumstances in which claims are brought;
• measures of pre-trial settlement of the dispute;
• evidence that confirms the essence of the stated requirements by the buyer of the car;
• legal grounds for going to court;
• requirement;
• Attached documents;
• date of preparation of the claim, surname, initials and personal signature of the plaintiff or his representative.

Remember! In addition to the considered claims, the plaintiff has legal grounds to present financial claims to the defendant, which are as follows:

• one percent of the penalty of the value of the vehicle for each day of delay in the stated claims and three percent, if it is a question of warranty service. Thus, with a long dispute resolution, the amount of the penalty may exceed the cost of the car itself by several times;
• court costs, consisting of payment for the services of a lawyer or lawyer, examination, and so on;
• the costs that were incurred by the plaintiff for the delivery of the car by a tow truck;
• payment of the insurance premium under the CASCO program;
• interest and commissions on a bank loan, the funds from which went to pay for the cost of the vehicle;
• compensation for non-pecuniary damage;
• a penalty in the amount of 50 percent of the amount that the seller is obliged to pay to the buyer.

Proper application of the requirements of the Federal Law on Consumer Rights Protection allows the buyer to receive funds from the seller that are several times higher than the amount paid when buying a car. Knowing this, the dealer always tries to resolve the issue amicably, without litigation.

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

By law, you can return a car bought in a car dealership if there is a defect, a mismatch in the configuration, the impossibility of repair, and in other cases. The problem is that many buyers do not know how to protect their personal interests and, after several attempts to return, give up and spend personal funds on restoration. This approach is wrong.

When buying a vehicle in the cabin, a person receives a new and technically sound car that meets the declared characteristics and is supplied in the agreed configuration. The presence of deviations is a reason to contact the car dealership to return the vehicle. How to do the job right? In what cases is an early return possible, and what needs to be done for this? Let's talk about this in detail.

Checking the car in the cabin

In order to avoid problems and the need to return the car, it is important to carefully check it when buying and make sure that it is in good condition. Many are limited to studying engine compartment, sitting in the cabin and starting the engine. But this is not enough. It is important to inspect the car more carefully and try to identify existing defects.

In the process of checking the car in the cabin, it is important to pay attention to the following aspects:

• Documentation and keys. When inspecting, it is worth checking the serial number of the machine and the one that is registered in the documentation. Similar actions are carried out with the data on the motor. We check the keys to the ignition and doors, make sure that the configuration matches. Doors should be easy to open mechanically and from the central lock.
• Body. The next stage is to check the surface of the car body for the fact of the quality of painting and the presence of damage to the paintwork on the surface. It is important to pay special attention to the presence of defects on the body. We check the ease of opening and tightness of closing the doors in the car, the trunk lid and the hood.
• Electronics. We are convinced of the normal functioning of the toggle switches and buttons installed in the vehicle interior. Such foresight allows you to identify defects in car lighting devices (headlights, turn signals, brake lights). Be sure to turn on the air conditioner (if any) and make sure the quality of cooling, turn on the wipers and wash the glass.
• Test drive. Before sending, we raise the hood and inspect the nodes for the fact that there are no leaks and the sufficiency of working fluids. During the trip, we pay attention to the course, controllability of the car, the presence of extraneous noise.

The task of the manager in the salon is to sell vehicles at the highest price. In order to avoid overpayment, it is important to study the market in advance and check the average cost of the model of interest (in different trim levels). It is not recommended to buy a car in the first salon. It is better to travel to several points and choose the best option. A tricky move is to come to the closing of the salon on Friday or Saturday. In this case, the manager will be brief and clearly state the information about the car.

When communicating, you need to be calm, ask questions and be active in studying the features of the machine. At the same time, it is not necessary to be rude and put pressure on the salon worker - this is unlikely to bring dividends.

It is important to remember your rights. The car dealership is obliged to sell a technically sound and high-quality car, the information about which fully corresponds to the information in the documentation.

Otherwise, the consumer has the right to take the following steps:

1. Return the vehicle to the salon and demand a refund of the amount paid. Depending on the situation, the entire amount or the advance payment will be refunded.
2. Exchange the vehicle for a car of the same model, taking into account the characteristics stated in the passport.
3. Get a different car model with a surcharge or a refund of the difference in cost.

If a loan vehicle is returned to the salon, the seller returns the deposit and covers the overpayment for the car.

When can I return or exchange a vehicle?

Returning a car to a car dealership after purchase is legally possible under the following circumstances:

• Identification of defects that appeared due to the fault of the store-seller or manufacturer.
• Hiding information about technical problems with vehicle or car cons.
• Deviation of the actual configuration from the one indicated in the TCP.
• The defect cannot be eliminated during the repair of the machine or it appears after the installation of new parts. The amount required by the owner to restore the vehicle is taken into account. If the repair costs exceed 10% of the price of the car, the purchase is returned to the dealership.
• Repair under the warranty period exceeds 1.5 months (45 days). Under such circumstances, papers from the workshop with a list of spare parts must be handed over as a basis.
• Within 12 months the car was under warranty repair for more than a month. At the same time, the number of calls of the owner to the service station does not matter.

The return of the car to the salon is also possible if the seller refuses to conduct an examination with the involvement of an independent expert during the warranty period. By law, this action is his duty. The owner of the vehicle has the right to pay the specialist out of his own pocket, and then file a claim with the court to compensate for the costs.

How to return a car to a car dealership according to the law - a quick guide

If there are grounds, the car can be returned to the seller. To achieve the result, it is important to follow the current legislation (in particular, the provisions of the Law on the Protection of Consumer Rights). The algorithm of actions looks like this:

1. The buyer informs the seller about the desire to terminate the agreement and return the vehicle.
2. A written complaint is drawn up, where the reasons for the refusal of the vehicle are prescribed. The document contains references to legal norms that allow the owner to demand the return of the vehicle.
3. A package of papers is being assembled, supported by the application and indicating the presence of problems. The documentation includes the results of an independent examination, receipts from service stations, certificates of visits to warranty centers, and so on.
4. Transfer of application to the seller. It is important to ensure that the representative of the car dealership puts his signature on the document. If he refuses to do so, the paper is sent by mail.

During the proceedings, additional costs may be required for the involvement of an independent expert and a specialist in the legal field. If the above actions did not work, a statement of claim is drawn up, to which a package of papers is attached (acts as an evidence base).

Return of the car within 14 days

According to the legislation, the vehicle belongs to technically complex devices. This is due to the presence of internal combustion engines and a number of other systems. The owner, within 14 days from the date of purchase of the car, has the right to check the car for the presence of malfunctions. If any are found, a person draws up a request for a refund and attaches documents confirming the malfunction. In the absence of papers with an expert assessment, the application will be rejected.

Despite the protection of consumer rights, the description of the exchange and compensation process often leads to different interpretations. To return a car, the following conditions must be met:

• On hand there are documents confirming the obvious shortcomings of the vehicle, the elimination of which is costly. If the problem is insignificant and arose through the fault of the manufacturer, the goods must be repaired at the expense of the seller.
• The warranty period is still valid. When buying a car, the owner is given a guarantee, which you can rely on when a vehicle malfunction is detected. By law, the buyer has the right to demand that the car be inspected for the fact of violation of safety requirements with mandatory reimbursement of expenses at the expense of the seller.
• In the event of the end of the warranty period (if the car was under repair during this period), the buyer has the right to return the vehicle and receive the money paid for it.

After a two-week period, returning a car is a more difficult procedure. We have to collect a package of documents indicating the repair of the vehicle and the presence of defects. In most cases, the solution of the problem is transferred to the judicial plane.

Can a seller refuse to accept a car?

There are situations when a car dealership refuses to accept a car with a defect or repair it under warranty. There are several reasons for this state of affairs:

1. Unjustified disposal of the vehicle.
2. Using the services of service stations that are not partners of the car dealership (seller).
3. The breakdown occurred due to the fault of the buyer or for other reasons (for example, an accident, natural disasters).

To avoid problems with the return of the vehicle, when a defect is identified, it is important to know the law and not be afraid to protect your rights. In addition, when buying a car, it is important to inspect the car for the fact of defects and problems (how to do this is discussed above). A serious breakdown in 9 out of 10 cases manifests itself during the test run.

Special attention is paid to the contract with the car dealership, which specifies the conditions and reasons for the return of the vehicle in the event of a breakdown. Documents confirming the fact of installation must be included with the machine. additional equipment(if such service is provided). Otherwise, the dealership may claim that it is not related to this work.

If caution and attention when buying did not work, and the car turned out to be defective, you need to write a claim to the car dealership and demand a refund or exchange of the car. If there is no result, you can collect the necessary package of papers and go to court. To increase the chances of success, it is worth enlisting the help of experienced lawyers who know the law and are able to “put in place” the heads of car dealerships. As a result, it is possible to exchange the car or return the money.

Today, quite often there are cases when a car buyer, having noticed the shortcomings of the vehicle during operation, wants to return the car to the seller. However, not all so simple. About what difficulties a person may encounter, if he wants to return the car to a car dealership and how to avoid them, we will tell in our article.

The purchase of a car is always an important event in the life of every person, it is not only a means of transportation, but also a very expensive type of property that can emphasize the social status of its owner. That is why, when buying a vehicle, a person has high hopes for official dealer, counting on his conscientiousness, as well as on the high quality of the acquired property. However, today there are very often cases when a buyer enters into legal relations with an unscrupulous dealer, buying a car of inadequate quality into circulation. This is where a lot of questions come in:

• how to return to the salon new car mobile inadequate quality;
• when the car can be returned under warranty and what grounds for this must be met;
• how to force the seller to carry out warranty repairs;
• during what period the amount paid on account of the cost of the vehicle by the buyer to the seller must be returned and much more.

When is it possible to return the car to the dealership

The vehicle is included in the list of technically complex goods, and therefore the right to return it, in comparison with other goods, is significantly limited. In accordance with the law, you can return the car to the salon:

• in the event that any defects (even minor defects) are found in the vehicle, it can be returned to the store within 15 days from the date of purchase (Article 18);
• during the warranty period or expiration date, the car can be returned if significant deficiencies are found (Articles 18-20 of the RFP Law), these include those malfunctions that cannot be eliminated (if the warranty or expiration dates are not set, then you can return the car within a reasonable time - within 2 years from the date of transfer of the vehicle to the buyer);
• if the deadlines for eliminating deficiencies were violated - during the warranty or expiration date, or within two years from the date of purchase;
• if it is impossible to use the vehicle for a year for more than 30 days due to repeated elimination of its shortcomings - during the expiration date or warranty, or within 2 years from the date of purchase, if the expiration date is not established.

Return of a new car within 15 days from the date of purchase

In the event that defects are found in a vehicle purchased with a guarantee, provided that 15 days have not passed since the date of its purchase, the buyer has the right to demand:

1. reduce the amount of the cost of the car in proportion to the detected shortcomings;
2. reimbursement of costs incurred by the consumer to eliminate deficiencies or their free elimination by the seller;
3. replacement of the purchased car with a similar one without defects;
4. refunds of the value of the car.

Car return within 15 days: highlights

If a defect is found, the consumer writes and hands the seller a claim, and this must be done within 15 days from the moment the car was handed over to the buyer.

Important! In accordance with Article 22 of the Law on the Protection of Consumer Rights, the period for the return of funds to the buyer is 10 days.

The seller practically does not have the opportunity not to fulfill the requirements of the buyer, with the exception of the legal option, when it is proved that there are no defects or they arose through the fault of the buyer. Therefore, before the executor of the consumer's demand for the return of the car, the salon has the right to conduct a quality check or an independent examination of the vehicle, but the buyer has the right to participate in its implementation. In addition, at the time of the examination, the period for the return of funds does not stop. It should be noted that the buyer also has the right to conduct an independent examination on his own, if the seller refuses to pay the money, or he does not agree with the results of the examination conducted by the seller. However, an examination is only the right of the buyer, the obligation to prove the existence of a defect lies with the seller during the entire warranty period. If the seller refuses to pay money or fulfill other requirements of the buyer as part of the legal return of the car to the salon, he can apply to the court with a statement of claim to protect his rights.

Return of a new car after 15 days from the date of purchase

If a malfunction is detected in the vehicle within a period of more than 15 days from the moment the car was handed over to the buyer, the latter has the right to demand from the seller:

1. replacing a car with a similar one;
2. returning the car to the salon and refunding money in the amount of the amount paid when purchasing it.

It should be noted that in order to submit a claim, one condition must be met - a significant defect was found in the car under warranty and / or it took a total of more than one month to eliminate the defects of the car while it was under warranty and / or the deadline was violated repair work under warranty.

Car return later than 15 days: highlights

The buyer, having discovered non-deliveries in the car after 15 days from the date of purchase, must prepare and hand over to the seller a claim with the relevant requirements, in which to indicate significant shortcomings - according to the law, these are fatal shortcomings that cannot be eliminated without disproportionate costs or time, or which were identified repeatedly, including reappearing after their elimination. As in the case of returning a purchased car within 15 days, for more than late dates, both the seller and the buyer have the right to conduct examinations in order to identify the causes of a defect in the car. At the same time, the period of 10 days for a refund for the seller does not stop. If the seller refuses to pay money or fulfill other requirements of the buyer as part of the legal return of the car to the salon, the latter may apply to the court with a statement of claim to protect his rights.

Important! During the period of the transfer of the claim and other legal relations with the car dealership, the consumer is recommended to keep all documents. It is better to hand over the claim personally with receipt of a mark of delivery or send it by mail with an inventory and notification of receipt. All this will allow the consumer to subsequently confirm in court the fact of the timely presentation of a claim to the seller.

Claim for a refund of goods of inadequate quality

A lawsuit is the beginning of any lawsuit in a civil case, and the situation when returning funds for a faulty car in court is no exception. Writing features are regulated by articles 131-132 of the Code of Civil Procedure of the Russian Federation. A claim for a refund for a defective product must be drawn up in accordance with the requirements of the law, it must contain the data of the plaintiff and the defendant, the content of the claim indicating all the information relevant to the case, references to regulations and clear requirements of the seller. The application is accompanied by the necessary documents, including an act of an independent examination, if any, and a claim for goods of inadequate quality, which confirms the pre-trial appeal of the buyer to the seller for a refund. The consumer's statement of claim about a low-quality product is sent to the court according to the jurisdiction established by the Civil Procedure Code of the Russian Federation and the Law on RFP, so a claim can be filed at the choice of the plaintiff:

• at the place of residence of the plaintiff;
• at the defendant's address;
• at the place of conclusion of the contract for the sale of goods.

An application to the court for the return of funds for a sold defective car, as a rule, is filed with a court of general jurisdiction, since the cost of a claim is always higher than that established for cases under the jurisdiction of justices of the peace. In court, the plaintiff can file a claim not only for the return of the amount paid for goods of inadequate quality, but also for the recovery of a penalty that arose as a result of the seller’s delay in fulfilling legal requirements, as well as compensation for moral damage. The total period for consideration of a claim for the return of funds is two months from the date the court accepted the claim for proceedings.

Sergey

Hello, I bought an Acura car, during operation for 2 years they replaced more than 500 tons of parts under warranty, including steering gears, repair terms from 25 days, eliminated noise in the engine for 78 days by replacing various parts, the period the car was at the dealer when I couldn’t use it for 36 and 32 days, a repeated breakdown of the steering mechanism and battery was revealed, the dealer refused to change it under warranty, I did a forensic examination, I filed a lawsuit, they appointed a forensic examination in the organization that the defendant asked to conduct, the experts answered that this was an operational defect and the fact that I operated the car carefully and accurately. the main point after the decision was made on the appointment of an examination, a month later I got into an accident, but the other side of the car and only the tin were damaged in it, those parts according to which the requirements were not affected. I repaired the car before the examination. the expert did not even notice traces of an accident. I didn’t report the accident to the court because I thought that it had nothing to do with my requirements. as a result, a year later, when the court appointed another additional examination according to my requirements. the defendant at the last meeting stated that I had an accident during the trial and I allegedly hid this information. although it was half a year after I made demands and the trial began. In the end, I was denied by the court in full volume. they submitted a review of the examination to the court, it was proved that the expert did the examination without having the appropriate certificate, we were not informed where and who the examination took place and we were not present at it, although they produced a destructive method for the steering mechanism. I was also not returned the examined parts of my car. Some requests were not answered at all. filed a petition for a re-examination and raised an additional question whether the defects in the car were related to an accident that occurred 6 months after my claims. I also note that the dealer confirmed all the defects when I applied, but refused to change it under warranty. I’m sure they put the old one on me, so it failed for the second time a month later, we requested a certificate, the defendant couldn’t provide it, and also didn’t comply with the court ruling on providing information about the certification issue date, etc. Can you tell me if there is an appeal? I understand the judge connected everything with an accident.

Awaiting verification

yuri

Hello! In 2018, we bought a car Yagur E Raes. In the course of almost a year of operation, we have contacted the dealership about the failure of the webasta in the cold season. Can this action be attributed to significant malfunctions. Thanks

Sergey (senior lawyer)

Hello Yuri! Yes, you certainly may. In accordance with Art. 18 of the Consumer Rights Protection Law, a significant defect of a product is recognized as such a defect, which, among other things, is expressed in the repeated breakdown of the same unit during the year.

Marat

Hello. I bought a new car in December 2018. At the end of September 2019, the electromechanical service brake was blocked. Towed away on a tow truck to an authorized dealer. They said the ABS control unit burned out and wait for spare parts for 3-4 weeks. Can I return the car to the salon or change it.

Sergey (senior lawyer)

Hello! No, you can't yet. This shortcoming is not fatal, it appeared for the first time. Now, if the problem recurs with a new ABS unit or the car will be under repair for more than the period required by law, then you have the right to return the car.

Alexander

Hello! I bought a new car from a dealer in 2016 with a 5 year warranty. In 2019, the car was under warranty repair for 7 days (the doors were repainted due to swelling of the paintwork). In the same year, the steering column was repaired under warranty (repair for the dealer cost 100 thousand rubles). After 20 days, there was a second appeal about the failure of the same steering column. The dealer took the car for repair before an indefinite period. All work was carried out only at an authorized dealer, but not from the one from whom the car was bought. Can I demand an exchange of a car for a new one of the same model and configuration and from which dealer from whom the car was bought or from which the repair took place?

Sergey (senior lawyer)

Hello, Alexander! Your legal claims under Art. 18 of the consumer protection law can only be brought against the seller, that is, the dealer from whom the car was purchased.

Elena

Hello! I bought a car in a car dealership in May 2019, after a few days I couldn’t drive away from home, the gearshift trotter failed, they did it under warranty, another month passed, the icon caught fire as the motor arrived at the service, they said no quality gasoline they threw off the badge and said to refuel only at expensive gas stations, and did so, drove this car south on the road, the same badge caught fire, drove the car to the dealer’s service along the way, they said that the catalyst had failed and had something to do with it for a long time. A new car and every time can i return something this car to the salon, the car was bought on credit

Sergey (senior lawyer)

Hello, Elena! Sure you can. Since the product is technically complex and the same problem has appeared repeatedly, on the basis of Art. 18 of the Consumer Protection Act, you are entitled to a refund.

Dmitry

Bought new car, a month later I got into an accident through no fault of my own, the car was sent for repair to an office dealer for hull repair, by forgiveness for 3 months no repairs are made, there are no spare parts. Can I expect to return the car to the dealer or replace it with the same

Sergey (senior lawyer)

Hello Dmitry! There are no grounds for returning the car, as the conditions stipulated by the legislation on consumer protection have not been met. All your claims must be addressed to the insurance company. If you agree with the dealer, then he can accept your broken car for trade-in with your surcharge for a new car.

Evgeniy

On December 18, 2007, at Meridian-Avto LLC, I purchased a Hyundai Porter car model 2834T9 VIN- XU42834T970000087. Chassis- X7MXKN7MO18543. Engine- D4BF7494607. 2007 This car has been in my ownership since this period, my car not alienated and not for sale. In 2018. I decided to sell this car, when trying to make a sale, it turned out that according to the traffic police database with this VIN number, but with other body and chassis numbers, there is another car that has repeatedly changed its owner. I made inquiries to the seller, the tax authority, wrote a statement to the Karasunsky District Police Department Department of the Ministry of Internal Affairs for the city of Krasnodar to carry out the facts of changing numbered units, the Traffic Police Department of the Main Directorate of the Ministry of Internal Affairs of Russia for the Krasnodar Territory, the Traffic Police Department of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow. The seller Meridian-Avto LLC reported that when selling the car, there were no encumbrances on the car, including there was no information about the double car, which is confirmed by the state registration of the car with the traffic police of Krasnodar. from which this car, according to the traffic police database transferred to the tax office, was deregistered on 06/10/2011. autotechnical expertise conclusion 1 was established. Identification number VIN-XU42834T970000087 of the HUNDAI 2834T9 car with plates of the state registration mark X801NU93, which was submitted for examination based on the materials of KUSP-60243 dated 11/06/2018, is applied on the cab panel and on a duplicate metal plate in accordance with the technology of a specialized assembly plant LLC AvtoMash has not been modified, interrupted, destroyed and is original. Department of the traffic police of the Main Directorate of the Ministry of Internal Affairs of Russia for the Krasnodar Territory, dated February 25, 2019. An answer was given to the appeal that, as of February 21, 2019. vehicle 2834Т9 VIN XU42834T970000087, belongs to you since 12/21/2007. to the present time, we additionally inform that registration actions with a similar vehicle were carried out in the 3rd department of the MOTOTRER STSI of the Internal Affairs Directorate for the North-East Administrative District of Moscow, in connection with which we recommend that you contact the UGIBDD of the State Directorate of Russia for Moscow for any questions you are interested in. Office of the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow from. 04/02/2019 An answer was given to the appeal that, according to the information of the Federal information system State traffic inspectorate of the Ministry of Internal Affairs of the Russian Federation1 a vehicle with the same identification number (VIN) ХU42834Т970000087 was registered on June 27, 2007 by the State traffic inspectorate of the Kirov region on the basis of a vehicle passport issued by AVTOMASH LLC. Thus, the FIS STSI-M contains information about two vehicles with the same identification numbers (VIN) ХU42834Т970000087. Since the documents that served as the basis for the registration actions were destroyed by the storage period (5 years), in order to obtain information about these vehicles on March 11, 2019, the State traffic inspectorate of the city of Moscow sent a request to the manufacturer of vehicles OOO AVTOMASH, but so far there has been no response received. Upon receipt of a response to our request from AVTOMASH LLC, the State traffic inspectorate of the city of Moscow will notify you in the prescribed manner. In the public traffic police database on the site https://traffic police.rf/, information about my car and its owners is as follows: Make, model: 2834Т9 Year of manufacture: 2007 VIN: ХU42834Т970000087 Body: ХU42834Т970000087 Chassis: 018543 Color: WHITE Displacement (cm³ ): 2476.0 Power (kW/hp): 58.8/80 Type: Trucks onboard Vehicle ownership periods from 27.06.2007 to 21.12.2007: Individual from 12/21/2007 to 04/24/2009: Individual from 04/24/2009 to 03/22/2011: Individual from 06/10/2011 to 02/08/2019: Individual from 02/08/2019 to present: Individual What does not correspond to the entry in the TCP. Can I file a claim for termination of the contract of sale? I can’t sell the car, because when checking the traffic police database, buyers see discrepancies in the records with the TCP and, accordingly, do not want to buy a car. And another question, do I need to file an application with the Prosecutor's Office?

Sergey (senior lawyer)

Hello Eugene! In your situation, all the statute of limitations has already passed (the maximum period is 10 years), therefore, of course, you can file a claim for termination of the contract, but the court will most likely reject it. Moreover, it is possible that there is no one to file a lawsuit against, since the organization that sold you the car has already been liquidated.

Elena

I bought a car in December 2018... and three months later it just wouldn't start. They evacuated it to the dealer service, they said that the automatic transmission control unit was damaged due to the lack of a plug for the service hole in the front fender liner. That this is not a warranty case, that I am to blame! The car will repeat 3 months, as it left the dealership. Not only did they refuse warranty repairs, they demanded that the car be taken away from the dealership. And plus pay for the diagnostics carried out by them. After such an attitude, I want to return the car in general! Is it possible to do this... yes, the machine is under warranty

Sergey (senior lawyer)

Hello, Elena! You do not yet have a legal right to return the money, since in accordance with Art. 18 of the law on consumer protection, this is allowed only if a significant defect in the goods is identified, as well as under other circumstances that are not related to your situation. Therefore, you had to have the car repaired under warranty. If they refuse, then write a claim, and then go to court. If you are ready to sue, then leave your coordinates for feedback.

Dmitry

Hello, I bought a car in August 2018, in March the working stroke of the clutch disappeared, I came to the service, everything changed, after a while the situation repeated itself, I was in the service 3 times, but they say that everything is in order, can I count on a refund or an exchange new car?

Sergey (senior lawyer)

Hello Dmitry! The defect you found in the car is significant, as it is repeated many times. Therefore, on the basis of Art. 18 of the Consumer Rights Protection Act, you have the right to demand the return of the amount paid for the car or the exchange of the car for another car.

Sergey

Bought a car with mileage in the salon of Moscow, before reaching the Crimea, the engine failed; a serious breakdown; Repaired for a hundred Kerch; a week later, the engine rattled; or a hundred for poor-quality diagnostics and repair of a car engine resulting in a more expensive ICE repair

Sergey (senior lawyer)

Hello Sergey! If you can prove that the car dealership was aware of the technical problem with the engine, then the claim must be filed with the car dealership. And a claim to a car service must be filed if there is fault in their actions, which directly led to a repeated engine breakdown. It is necessary to look in detail at the circumstances of the case, the terms of the concluded contracts, etc. But you can't do without autotechnical expertise.

Arsen

We bought a car, weeks later they came to register it - and here there are restrictions on registration actions on it! To the old master! How to be? Can I return the car based on this?

Sergey (senior lawyer)

Hello! Theoretically, it is possible, provided that the owner did not inform about this, and you accepted everything possible actions to check the car for legal cleanliness. It will also be necessary to prove that the old owner knew about the existence of such restrictions.

Alexei

A Peugeot car was purchased in August 2017 during operation, a factory defect in the paintwork of 4 doors, a hood and a trunk was discovered (in the form of internal corrosion behind the rolled body elements). I can assume that this defect is unremovable. in the conditions of OD during the repair it is not possible to comply with the factory painting conditions. In this case, 6 body elements need to be replaced. Can I claim a replacement or refund under the terms of the warranty?

Sergey (senior lawyer)

Hello Alexey! In this situation, you can demand a replacement car or a refund only if the defect is significant. Corrosion of the elements cannot be considered a significant defect, at least until the dealer has eliminated these defects under warranty. Therefore, in this situation, you can only demand the elimination of the defect under the guarantee.

Vladimir

Hello. Bought the car in June 2018. For the past 11 times, one day for 50 days, I come to the dealer to repair the circular parking sensors. No results. Can I count on a refund or a car or a replacement car? What to do for this?

Sergey (senior lawyer)

Hello Vladimir! This shortcoming, in accordance with the requirements of the legislation, is significant, since it was not eliminated for the first time. Therefore, on the basis of Art. 18 of the consumer protection law, you have the right to return the goods to the seller and demand a refund. First you need to write a written complaint to the car dealership.

Maksim

a new car was bought, it started to rain, water went into the cabin through the rubber band of the glass. 13 days have passed since the purchase, is it possible to return the car to the salon?

Sergey (senior lawyer)

Hello Maxim! In accordance with Art. 18 of the Consumer Protection Act, you have the right to return the car and demand a refund of the money paid. You also have the right to demand to exchange the car for the same model or for another model with the corresponding recalculation of the price.

Ainur

Hello, I bought a new one. cargo gazelle, redone, ordered alterations from a car dealership, mileage at the moment is 25,000, has already changed the clutch, not under warranty, since the factory said that this was not a warranty case, the cardan literally fell off, the bolts of the cardan clamp were unscrewed, the gearbox was in oil leaks, a hundred dealers reported that this is normal, the door locks are not working, the water supply pipes for the wipers constantly fly out, the left front pillar needs to be replaced, liquid has leaked out, are these malfunctions for returning the car to the car dealership?

Sergey (senior lawyer)

Hello! You can return the car to the salon in two cases: a significant malfunction or the car being under warranty repair for more than 30 days per calendar year. A significant defect is considered to be an unrecoverable defect, a defect that requires a lot of time and money to eliminate, or a defect that is detected repeatedly.