In what time frame the car dealership must pay the money. The car is under warranty: can it be returned to the car dealership. ✔ Impossibility of operation due to the constant presence of the car in repair

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

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

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

Within 14 days

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

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

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

During the warranty period

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

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

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

After the warranty period

You can return a faulty car even after the warranty expires. If, within 2 years after the end of the warranty period, the car owner 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.

Practice shows that manufacturers themselves are more likely to take the buyer's side rather than car dealerships.

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

Because of marriage

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

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

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

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

Used car

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

How do I legally request a return after purchase?

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

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

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

Submitting a claim

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

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

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

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

Required documents

To return the car you need:

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

Where to contact?

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

Passage of examination

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

The examination takes place in several stages:

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

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

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

Drawing up an act

In the case when the court satisfied the claims of the plaintiff and the car dealership is obliged to pay the sum of money for the defective car, an act of acceptance and transfer is drawn up.

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

How long should the money be returned?

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

What to do in case of refusal?

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

Filing a statement of claim with a court

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

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

You need to attach to the application itself:

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

You can go to court at your place of residence.

State duty:

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

Duration of consideration

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

Term of execution of a court decision

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

Nuances for a car bought on credit

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

If further payments are impossible, the issue is resolved privately directly with the bank, since the dealer is not to blame for the borrower's financial difficulties.

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

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

Can you return the vehicle to the bank?

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

How to return to the salon?

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

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

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

The statement of claim includes:

The application, which will help to draw up lawyers, you need to attach documents confirming the malfunction of the car, as well as documents confirming the right to own the car. Besides:

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

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

What to do if your vehicle is denied?

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

Attached to the application:

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

State duty:

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

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

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

Related Videos

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

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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 intended for travel on public roads.

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

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

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 (for a total of 30 days each year).

Registration of the procedure, terms of reimbursement of money for a car

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

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

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

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

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

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

Return of a car bought on credit

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

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

Receipt of funds is carried out in accordance with the established procedure:

• 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 voluntarily or judicially from the seller.

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

Today, quite often there are cases when the buyer of a car, noticing the shortcomings of the vehicle during operation, wants to return the car to the seller. However, not all so simple. We will tell you in our article about the difficulties a person may face, if he wants to return the car to a car dealership and how to avoid them.

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 places high hopes on an authorized dealer, counting on his good faith, as well as on the high quality of the purchased property. However, today there are very often cases when a buyer enters into a legal relationship with an unscrupulous dealer, buying into circulation a car of inadequate quality. This is where many questions arise:

• how to return a new car of inadequate quality back to the salon;
• when the car can be returned under warranty and what grounds must be observed for this;
• how to get the seller to carry out warranty repairs;
• during what period must be returned the amount paid for the value of the vehicle by the buyer to the seller and much more.

When is it possible to return the car to the car 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:

• if 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 Law on ZPP), these include those faults that cannot be eliminated (if the warranty or expiration dates have not been established, then the car can be returned within a reasonable time - within 2 years from the moment the vehicle was handed over to the buyer);
• if the deadlines for eliminating defects 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 has not been established.

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

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

1. to reduce the amount of the cost of the car in proportion to the discovered deficiencies;
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 amount of the cost of the car.

Car return within 15 days: highlights

If a defect is found, the consumer writes and hands over a claim to the seller, 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 Consumer Rights Protection Law, the period for refunding funds to the buyer is 10 days.

The seller practically has no opportunity not to fulfill the buyer's requirements, except for the legal option, when it is proved that there are no defects or they arose through the buyer's fault. Consequently, before the performer 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 conduct. In addition, during the examination, the refund period 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 carried out by the seller. However, the examination is only the buyer's right; the seller is responsible for proving the existence of a defect 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 for the protection of his rights.

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

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

1. replacement of the car with a similar one;
2. return of the car to the salon and reimbursement of funds in the amount of the paid amount upon its purchase.

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

Car return after 15 days: highlights

The buyer, having found nondelivery in the car after 15 days from the date of purchase, must prepare and submit to the seller a claim with the relevant requirements, in which to indicate significant shortcomings - according to the law, these are irreparable shortcomings that cannot be eliminated without disproportionate costs or time-consuming, or which were identified repeatedly, including reappearing after their elimination. As in the case of returning a purchased car within 15 days, if acting at a later date, both the seller and the buyer have the right to conduct examinations in order to identify the causes of the defect in the car. In this case, the course of the period - 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 can apply to the court with a statement of claim for the protection of 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 in person with receipt of a confirmation of delivery, or send it by mail with an inventory and return receipt. All this will allow the consumer to subsequently confirm in court the fact of the timely presentation of the claim to the seller.

Statement of claim for the return of funds for goods of inadequate quality

The claim is the beginning of the initiation of any claim in a civil case, and the situation when returning funds for a faulty car in court is no exception. The peculiarities of writing are regulated by Articles 131-132 of the Code of Civil Procedure of the Russian Federation. A claim for a refund for a low-quality 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 information relevant to the case, references to regulations and clear requirements of the seller. The application is accompanied by the necessary documents, including the act of an independent examination, if any, and a claim for the 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 ZPP, so a claim can be filed at the choice of the plaintiff:

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

An application to the court for a refund for a sold faulty car, as a rule, is submitted to 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 declare claims not only for the return of the amount paid for the goods of inadequate quality, but also for the recovery of a forfeit resulting from the seller's delay in fulfilling legal requirements, as well as compensation for moral damage. The general period for consideration of a claim for the return of funds is two months from the moment the court accepts the claim for proceedings.

Sergei

Hello, I bought an Acura car, during operation within 2 years we replaced parts under warranty for more than 500 tons, including steering mechanisms, repair times from 25 days, eliminated noise in the engine 78 days by replacing various parts, the period of stay of the car at the dealer when I could not 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 the warranty, did it before the forensic examination, I filed a lawsuit, appointed a forensic examination in the organization that the defendant asked to conduct, the experts' answers that this is an operational defect and the fact that I operated the car carefully and carefully. the main moment after the ruling on the appointment of an examination was made, a month later I got into an accident, but the other side of the car and only the tin was damaged in it, the details for which the requirements were not affected. I repaired the car before the examination. the expert did not even notice the traces of the accident. I did not report the accident to the court as I believed 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 hearing stated that I had an accident during the period of the trial and I allegedly concealed this information. although it was half a year after I stated the demands and the trial began. in the end, the court refused me in full. the court provided a review for the examination, it was proved that the expert did the examination without having the appropriate certificate, we were not notified where and who the examination took place, and we were not present, although we were producing a destructive method for the steering mechanism. I was also not returned to the investigated 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 cars were related to an accident that occurred 6 months after my claims. I also note that all defects were confirmed by the dealer when I contacted, but refused to change under warranty. As for the battery, I'm sure they put the old one to me, so it went out of order for the second time a month later, we asked for a certificate, the defendant could not provide it, and also did not comply with the court's ruling on providing information on the date of issuance of certification, etc. Tell me is there a chance of an appeal? As I understand it, the judge connected everything with the accident.

Pending verification

yuri

Hello! In 2018, they bought a car Yagur E Raes. Over the course of almost a year of operation, we have contacted the dealership three times about the failure of the webast during the cold season. Can this action be attributed to significant malfunctions. Thank you

Sergey (senior associate)

Hello Yuri! Of course you can. In accordance with Art. 18 of the Law on the Protection of Consumer Rights, a significant disadvantage of a product is recognized as such a shortcoming, 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 locked. Was taken away in a tow truck to an official 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 associate)

Hello! No, you can't yet. This drawback is not irreparable, it appeared for the first time. Now, if the problem reoccurs with a new ABS unit or the car is being repaired longer than the statutory period, then you have the right to return the car.

Alexander

Hello! I bought a new car from a dealer's office in 2016 with a 5-year warranty. In 2019, the car was under warranty repair for 7 days (door repainting due to swollen paintwork). In the same year, the steering column was repaired under warranty (the repair for the dealer cost 100 thousand rubles). After 20 days, there was a repeated appeal about the defectiveness of the same steering column. The dealer took the car for repair until an undetermined date. All work was carried out only from an authorized dealer, but not from the one from whom the car was bought. Can I demand the 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 repairs took place?

Sergey (senior associate)

Hello, Alexander! Your legal claims based on Art. 18 of the law on consumer protection can only be presented to 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 could not drive away from the house, the gearshift trotter was out of order under warranty, another month passed, the icon caught fire as the motor arrived at the service, they said low-quality gasoline was thrown off the badge and told to refuel only at expensive gas stations , I did so, drove this car to the south on the road, the same icon lit up, drove the car to the dealer's service on the way, they said that the catalyst had failed and what had to do with it for a long time. A new car and every time something can I return this car to the salon, the car was bought on credit

Sergey (senior associate)

Hello, Elena! Sure you can. Since the product is technically complex and the same problem has appeared more than once, on the basis of Art. 18 of the law on the protection of consumer rights, you have the right to a refund.

Dmitriy

I bought a new car, a month later I got into an accident through no fault of my own, the car was sent for repairs to the dealer's office for repairs, due to the ease of 3 months, no repairs are made, there are no spare parts. Can I count on returning the car to the dealer or replacing it with the same

Sergey (senior associate)

Hello Dmitry! There are no grounds for returning the car, since the conditions stipulated by consumer protection legislation have not been met. All your requirements should be addressed to the insurance company. If you agree with the dealer, he can take your damaged car for trade-in with your surcharge for a new car.

Evgeniy

I bought a Hyundai Porter model 2834T9 VIN-XU42834T970000087.Chassi-X7MXKN7MO18543.Engine- D4BF7494607.PTS 52MR No. 2007 This car has been in my possession since this period, I did not alienate the car and did not sell it. I decided to sell this car, when I tried to sell it, it turned out that according to the traffic police database with this VIN number, but with different body and chassis numbers, there is another car that has repeatedly changed its owner. I made inquiries to the seller, the tax authority, a statement was written to the police department of the Karasunsky district of the Ministry of Internal Affairs for the city of Krasnodar to carry out the facts of changes in number units, the traffic police department of the main department of the Russian Ministry of Internal Affairs for the Krasnodar Territory, the traffic police department of the Russian Ministry of Internal Affairs in Moscow. The seller of Meridian-Auto LLC reported that when the car was sold, there were no encumbrances on the car, including there was no information about the car double, which is confirmed by the state registration of the car with the State Traffic Safety Inspectorate of the city of Krasnodar. from which this car, according to the traffic police database, transferred to the tax office was removed from the register on June 10, 2011. The Russian Ministry of Internal Affairs Administration for the city of Krasnodar issued on January 21, 2019 a decree on refusal to initiate a criminal case, in accordance with which it was established that as a result of an auto-technical examination, a conclusion was established 1. Identification number VIN-XU42834T970000087 of the HUNDAI 2834T9 car with plates of the state registration plate X801NU93, which is presented for examination based on the materials KUSP-60243 dated 06.11.2018, is applied on the cab panel and on a duplicate metal plate in accordance with the technology of specialized collection full-time enterprise LLC AvtoMash, change, interruption, destruction was not subjected and is the original. Directorate of the traffic police of the Main Directorate of the Ministry of Internal Affairs of Russia for the Krasnodar Territory, dated 25.02.2019. An answer was given to the appeal that as of 02/21/2019. vehicle 2834T9 VIN XU42834T970000087, belongs to you since 21.12.2007. to the present time, we additionally inform you that registration actions with a similar vehicle were carried out in the 3rd department of the MOTOTRER traffic police of the ATC in the North-Eastern Administrative District of Moscow, in connection with which we recommend that you contact the UGIBDD of the Russian State Administration for St. Moscow. Directorate of the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia in Moscow from. 04/02/2019 A response was given to the appeal that, according to the information of the Federal Information System of the State Traffic Inspectorate of the Ministry of Internal Affairs of the Russian Federation, 1 vehicle with the same identification number (VIN) XU42834T970000087 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 GIBDD-M contains information about two vehicles with the same identification numbers (VIN) XU42834T970000087. Since the documents that served as the basis for the registration actions were destroyed according to the storage period (5 years), to obtain information about these vehicles on 03/11/2019, the State Traffic Inspectorate of the city of Moscow sent a request to the vehicle manufacturer AUTOMASH LLC, but so far the answer has not been 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 accordance with the established procedure. In the publicly available traffic police database on the website https: //gibd.d.rf/ information about my car and its owners is as follows: Brand, model: 2834T9 Year of issue: 2007 VIN: XU42834T970000087 Body: XU42834T970000087 Chassis: 018543 Color: WHITE Working volume (cm³ ): 2476.0 Power (kW / h.p.): 58.8 / 80 Type: Onboard trucks Periods of vehicle ownership from 27.06.2007 to 21.12.2007: Individual from 21.12.2007 to 24.04.2009: Individual from 24.04. 2009 to 22.03.2011: Individual from 10.06.2011 to 08.02.2019: Individual from 08.02.2019 to the present: Individual What does not correspond to the entry in the TCP. Can I file a claim for termination of the purchase and sale agreement? I cannot sell the car, because when checking against the traffic police database, buyers see discrepancies in the records with the vehicle title and, accordingly, do not want to buy a car. And another question, is it necessary to submit an application to the Prosecutor's Office?

Sergey (senior associate)

Hello Eugene! In your situation, all the limitation periods have 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 claim against, since the organization that sold you the car has already been liquidated.

Elena

I bought the car in December 2018 ... and after three months it just wouldn't start. They took him to the dealer's service, they said that the automatic transmission control unit was damaged due to the absence of the service hole plug in the front fender liner. That this is not a guarantee case, that I am to blame! I will repeat the car for 3 months since I left the car dealership. Not only did she refuse a warranty repair, they demanded to take the car away from the car dealership. And plus pay for the diagnostics they carried out. After such an attitude, I would like to return the car altogether! Is it possible to do this ... yes, the car is under warranty

Sergey (senior associate)

Hello, Elena! You do not yet have the legal right to return the money, since in accordance with Art. 18 of the law on the protection of consumer rights, this is allowed only if a significant defect in the product is revealed, as well as in other circumstances that are not relevant to your situation. Therefore, you should have had your 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.

Dmitriy

Hello, I bought a car in August 2018, in March the clutch stroke disappeared, I arrived at the service, everything was 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 exchange new car?

Sergey (senior associate)

Hello Dmitry! The flaw you have discovered in the car is significant, since it is repeated several times. Therefore, on the basis of Art. 18 of the Law on the Protection of Consumer Rights, you have the right to demand the return of the amount paid for the car or the exchange of the car for another car.

Sergei

A used car was bought in the salon of Moscow, before reaching the Crimea, the engine was out of order. Serious breakdown. Repaired by a hundred Kerch, a week later, the engine knocked. or to a hundred for poor-quality diagnostics and repair of a car engine, which entailed a more expensive ICE repair

Sergey (senior associate)

Hello Sergey! If you can prove that the car dealership was aware of the technical problem of 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 a fault in their actions, which directly led to a repeated engine failure. It is necessary to look in detail at the circumstances of the case, the terms of the concluded contracts, etc. But auto-technical expertise is indispensable.

Arsen

We bought a car, after weeks came to put it on the register - and here on it there are restrictions on registration actions! On the old master! How to be? Is it possible to hand over the car based on this?

Sergey (senior associate)

Hello! Theoretically, it is possible, provided that the owner did not inform about it, and you took all possible steps to check the car for legal purity. It will also be necessary to prove that the old owner was aware 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 (in the form of internal corrosion behind the rolled body elements) was discovered. I can assume that this defect is irreparable. in conditions of OD during repair it is not possible to comply with the factory painting conditions. In this case, 6 body elements must be replaced. Can I claim a replacement or refund under the warranty conditions?

Sergey (senior associate)

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

Vladimir

Hello. I bought the car in June 2018. For the past 11 times, one day within 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 associate)

Hello Vladimir! This shortcoming, in accordance with the requirements of the legislation, is significant, since it was not eliminated 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 claim to the car dealership.

Maksim

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

Sergey (senior associate)

Hello Maxim! In accordance with Art. 18 of the Law on the Protection of Consumer Rights, 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 a car for the same model or for another model with a corresponding recalculation of the price.

Ainur

Hello, I bought a new cargo gazelle, converted, I ordered alterations from a car dealership, the mileage is currently 25,000, I already changed the clutch, not under warranty, since the plant reported that this was not a warranty case, the cardan was literally falling off, the cardan clamp bolts unscrewed, the gearbox in oil leaks, a hundred dealers said that this is normal, the door locks are not working, the water supply pipes for the wipers are constantly flying out, the left front pillar is for replacement, fluid has leaked out, are these malfunctions for returning the car to the car dealership?

Sergey (senior associate)

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 in a calendar year. A significant drawback is considered an unrecoverable drawback, a drawback that requires a lot of time and money to eliminate, or a drawback that is repeatedly identified.

Every or almost every citizen wants to own a car. This is not exactly a cheap purchase (even if you take the cheapest model) and everything is done deliberately and for a long time. But how annoying it can be that after all the expectations and experiences, your long-awaited friend does not justify your requirements. And you have to think about the conditions for returning the car to the seller, because it is not as easy as it seems.

It's no secret that the new car has a guarantee, which is confirmed by all the necessary documents. Also, the car belongs to a technically complex product, according to the Decree of the Government of the Russian Federation No. 924 of November 10, 2011.
The procedure for returning a car to a car dealership in our country is a big problem, although it is quite possible to solve it. This problem has been and will continue to exist as long as cars are purchased and someone sells them.
The reasons are different: the unscrupulousness of the sellers, carelessness and inexperience of buyers, and simply because the machine is a technically complex thing, and sometimes it is simply impossible to foresee, establish and eliminate all defects. Despite the fact that car dealers carry out a special pre-sale check of the quality of a car, buyers are faced with the presence of defects and shortcomings in the purchased product. What is the reason? The answer is not unambiguous and to the point of banal simple - there are defects, the presence of which cannot be immediately recognized or identified, they appear during the operation of the vehicle.

Grounds and conditions for returning the car under warranty back to the car shop.

The return of a new car under warranty is possible if defects are revealed after a certain time, after purchasing the car. First of all, it depends on the service life. This is the time that starts to pass not from the moment you buy the car, but from the moment it was handed over to you.
According to the law on the protection of consumer rights, if a defect is discovered within 14 days following the day of transfer of the vehicle, absolutely any defect, even if it is a power window, can be the reason for the termination of the sales contract. The seller has no right to refuse, even if you claim to replace the defective car with another model.

What are the difficulties? Returning a car of inadequate quality can be complicated if the service life was more than 15 days. Based on the interpretation of consumer protection law, you can return or replace your existing model with another in such cases:

The examination confirms that the deficiency is significant or not technically eliminable; The dealer did not meet the agreed deadline and was unable to fix the defects. Terms must be reflected in writing and cannot exceed 45 days. Lack of spare parts or materials cannot be a legal basis for its extension; The car was under warranty repair for a total of more than 30 days a year, and it does not matter at all how many times the repair was carried out. If the repair was made ten times in three days, then it is your right to return it. The basis is the documents confirming what work was carried out and what spare parts were used during the repair. You confirm with a statement the fact of delivery of the car for warranty repair. In the application, you clearly and clearly state your requirements, then the seller's representative must put a stamp on it. If a car dealership demands a compensation difference between the selling price and the current value, keep in mind that this is not legal, even if the car has lost its presentation; You can return the car if the same defect manifests itself repeatedly during the warranty period; If the car shop concealed information about all consumer shortcomings of the car before the purchase and sale agreement was concluded.

Refunds for the car are not beneficial to the seller, and he will naturally insist on an examination to establish the presence or absence of a defect at the time of the sale of the car. It must be remembered that all examinations are carried out at the expense of the car dealer, but your right to be present during the examination. Even if, as a result of the examination, it is established that the defect appeared due to the fault of the buyer, then it is your right to challenge these findings in court.

You can return the car not only within the warranty period, but also after the end of the warranty period (but within the service life). At the same time, it is possible to return not only the cost of the car (which are becoming more expensive every year). The dealer will naturally deny you a refund, and this will have to be done through the courts.

It is quite difficult to go through this path on your own, so it is better to turn to a professional lawyer who will help you in this difficult matter.

The procedure for refunding money for a car of inadequate quality to a car dealership, to a seller.

First of all, you submit an appeal in writing, where you clearly and correctly state the situation. Carry this statement to the salon, where the manager or manager accepts it, puts it on record and signs it. The terms of elimination of the current situation are also stipulated here. If you are denied acceptance of your application, ask for the denial in writing, which must indicate the reason for the denial, or send this letter by mail.

What do you need to know when submitting such an application?
You should demonstrate that you are well aware of your rights and the laws that protect you, and will work to resolve the situation in your favor.
The salon management usually tries to avoid this kind of litigation, as it is not beneficial for them. And they will try to resolve the existing conflict by any means.
The car dealership is simply obliged to accept a faulty car within fifteen days from the date of its transfer to the client. You already know that, according to the law, the date of sale and transfer of the car is not the same thing.
I would like to draw your attention again to the fact that returning a car to the salon is easy within 14 days, then it will be quite problematic to defend this right. Expertise already rules here.
Having achieved the examination, do not relax, because you will be convinced that the culprit is not the seller. And do not agree if the examination shows that it is impossible to return a car under warranty to a car dealership. This will be the basis for going to court.

Competent support of the course of the entire trial will help to achieve a positive result in a short time, since the task of a professional lawyer is to protect and defend the rights of his client.

If the car is on credit, then after returning the car to the dealer, to the auto center, a document should be required confirming that this sale and purchase transaction is canceled. The salon returns money for a low-quality car to the buyer, after which he extinguishes the balance of the loan debt.

The procedure for returning a car to a salon, to a dealer, bought on credit under the law on the protection of consumer rights.

According to the Law "On Protection of Consumer Rights", the creditor is obliged to make a refund on the loan. And also the payment of the compensation that you paid for the loan. In this case, the interest on the loan, which was paid during the period of using the loan, remains an irrecoverable loss. According to judicial practice, interest is not always accepted as losses incurred by the client as a result of the purchase of goods of inadequate quality. You need to get a certificate from the bank about the closure of the loan agreement and that the bank has no claims against you.

You should not stop paying on the loan, even if your vehicle turns out to be defective, and you have already started processing all the documents for its return. Any loan agreement provides for penalties and fines for such actions, in which case the law and the court will be on the bank's side. Therefore, you should not, saving your funds in one place, lose them in another.

A person who has no experience and knowledge believes that none of the cases listed above is suitable for him, but believe the experience of a specialist - "there would be a car, but there will always be a reason to return a low-quality car to the seller." Sometimes, only the desire of the car owner and a little perseverance in fulfilling the recommendations of legal advice are enough.
Our specialists know all the subtleties of this issue, and can apply them with a positive result and great benefit for you.

Sometimes buyers who are faced with impudence and rudeness have a great desire not only to return the money for the car, but also to teach the culprit a lesson. The Law "On Protection of Consumer Rights" allows to satisfy this desire of the buyer, since the seller must satisfy his demand on a voluntary basis. But if he does not want to do this, in this case, the court, for refusing to fulfill the requirement on a voluntary basis, will charge the defendant with a fine of 50% of the cost of the claim, and will also satisfy the requirements for material and moral compensation. This is the court practice for the return of a car.

If you have any problems with returning a warranty car to a car dealership or an authorized dealer, contacting our company, you will always receive professional assistance in solving problematic issues.

The long-awaited purchase of a new car for any dealership customer can turn into a real nightmare if a defective car was delivered. There are rare cases when dealers agree to all consumer demands, exchange cars or reimburse all losses. More often it happens that a person will need significant efforts to protect his violated rights. You must know your rights and how to protect them! And then you will emerge victorious from the dispute with the seller.

Table of contents:

Cases when it is possible to exchange and return a car to a dealer

When a disputable situation arises, it is important to understand that it is unprofitable for any dealer to satisfy the requirements of the consumer. However, there are legal grounds that give you the right to demand the exchange of a car for a new one or the return of money spent on its purchase.

The main reasons for the exchange or return of a car:

Each ground has its own base of evidence, but the procedure for resolving the issue is the same.

In the event of a malfunction in the car, no matter how much time has passed since its purchase, the buyer may demand:

• return of the car of inadequate quality to the seller and refund of money for the car;
• vehicle replacement.

There are three temporary situations when you can make an exchange or demand a refund for a car:

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

Car return within 14 days

The vehicle, according to the Decree of the Government of the Russian Federation No. 924 dated November 10, 2011, refers to a technically complex product. It cannot be changed if the color, dimensions, etc. do not suit you. It is possible to demand, but it will be difficult to refer to the Law. Before buying, each buyer thoroughly studies the information. Or should. By signing the contract, the buyer agrees not only with the car brand, but with all the characteristics. Therefore, it is possible to exchange the car or return the money paid for it only if there is a defect.

note

In accordance with the provisions of the Federal Laws of December 17, 1999, No. 212-FZ, of December 21, 2004, No. 171-FZ, a significant defect in the goods is an irreparable defect or defect that cannot be eliminated without disproportionate expenditures of money or time, or appears repeatedly, or appears again after its elimination, or other similar deficiencies

You are filing a claim and waiting for satisfaction. Refunds for the purchased car and car exchange are not beneficial for the seller, so many car dealerships refuse to satisfy the claim. In this case, you document the breakdown, submit the dispute to the courts, and after the court's decision, you exchange the car or receive a refund.

Return of the car during the warranty period

It is more difficult to exchange / return goods if a breakdown is noticed from the 15th day until the end of the warranty. For each new vehicle, there is a period when the manufacturer or its certified partner must repair the damage that is included in the list for warranty service. To find out if the detected defect falls under the warranty, you need to familiarize yourself with the terms of the warranty in the documents that were given to you when you bought the car. A claim is then made to the seller's name.

If the requirements are not met (most often this is the case), the dispute is referred to the court. If the claim is successful, the demand for an exchange or refund for the car may be satisfied, but not always. In cases where there is no exchange fund or a similar product, the consumer's claims are satisfied by returning the amount paid for the product. This may be a new process if the dealer voluntarily fails to comply.

Car return after the end of the warranty period

Few people use the law, but you can return the car even after the end of the warranty. To do this, you will need to prove the existence of a defect due to the fault of the manufacturer and apply within two years after the end of the warranty.

It is best to contact, first of all, the manufacturer or an official representative if a defect appears, and then make demands on the seller. Very often, with the help of the manufacturer, it is possible to achieve the requirements for the exchange of cars after the guarantee, since the main seller always refuses to meet the requirements of the consumer. The main motive is the end of the warranty. None of your words, references to the norms of the law, threats of losses will help if you do not involve the manufacturer.

If it was not possible to resolve the dispute on a voluntary basis, your way back to court.

Procedure for resolving a dispute with a car dealer

Regardless of how much time has passed since the purchase of a car, in order to exchange a car or receive a refund for a car, you should go through several stages:

• Submitting a claim to a car dealer
• Expertise
• Trial
• Execution of a court decision

Submission of a claim to a car dealership and examination

Before filing a demand, it is necessary to consider the future possible response of the opponent, as well as further ways of proceeding. The claim must be structured in such a way that you have every reason to file a claim based on your dissatisfaction.

The text must include: the name, your and the seller's data, the date of purchase of the car, its brand and state number, the circumstances for the presentation of the requirements, a description of the identified deficiency, legislative justification (optional, but it is better to immediately show the seller that you do not dwell on the claim going), the requesting part and the attached documents. There is no need to describe all the circumstances, your thoughts and suspicions. The narration is concise, i.e. date of detection of the defect, how the defect manifested itself (including consequences), 1-2 references to the law and requirement. A correct claim takes no more than one A4 page.

The order of filing is up to you. You can bring in person, send by mail or courier delivery service. If possible, it will not be superfluous to send a claim by e-mail.

Advice! When submitting in person, always force your copy to be stamped with the company seal, signature and name of the receiving employee, date and incoming number. Only the latter is not mandatory for the future consideration of the complaint. If you are refused a seal and signature, you need to send a letter by mail.

Be sure to send a valuable letter with an inventory and notification. In the text of the inventory it is necessary to write what document you are submitting, attachments and how many documents and sheets you are sending. Such an indication in the future will help to avoid refusal due to the alleged absence of an important document. Notification will be required to indicate the date on which claims will begin.

From the attached documents, the purchase and sale agreement and the registration certificate for the car must be present. The rest - depending on the circumstances and your desire.

The management and the lawyer of the car dealership, seeing your legal literacy, will try not to bring the case to court and will try to resolve the dispute right away.

In a claim, you can ask the dealer whether it is necessary to conduct an examination of the cause of the breakdown. The request must be satisfied within three days. An examination is appointed and according to its conclusions, you can proceed to the exchange of a car or refund of money for a car, but only if a significant defect is confirmed.

note

The initial payment for the work of the expert is made by the dealer. If the defect is not confirmed, you are obliged to reimburse the cost of the examination. Therefore, it is better to order the expertise yourself. Initially, you will have to pay, but later the payment can be passed on to the car dealership, like losses. When you choose an expert, the probability of a truthful and correct conclusion increases.

Please note that in the text of the claim for the exchange or return of the car, you can ask for compensation for the forfeit in cases provided for by law and circumstance. This requirement helps to satisfy your basic requirement. For example, you demand an exchange and a forfeit, and in order to satisfy the main request, you agree to waive the forfeit. Dealers often agree to avoid additional costs.

If, within 10 days, the dealer does not satisfy the buyer's claim for the exchange or return of the car of inadequate quality, then he must pay a penalty in the amount of 1% of the value of the vehicle.

When it was not possible to resolve the issue out of court, you were denied an exchange / return, or you were not satisfied with the conclusions of the examination, you should file a claim. Before filing, you must obtain a written waiver or have proof that you tried to get such a waiver.

Trial

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The basic requirements for a statement of claim are practically the same as for a claim. But in the text it is already possible to describe the situation in more detail, indicate a larger number of regulations that should be applied. In order for a legal and well-grounded decision to be made, it will be necessary to appoint a forensic auto-technical examination. The court in its decision always records the conclusions of the forensic examination, and not the pre-trial conclusion of the specialist. It will not be superfluous to indicate the manufacturer (official representative) as a third party if the claim is filed against the seller. During the trial, with the consent of the manufacturer, your claims can be satisfied by signing an amicable agreement. And you will be satisfied, and there will be no court decision. Companies looking after their image, in cases where there is a large percentage of losses, try to resolve the dispute without making a decision.

In a court case, if there is an opportunity, you should always ask for a forfeit. Satisfying this requirement will fully cover all of your costs that cannot be reimbursed by the solution. In some cases, the forfeit helps to “punish” the unscrupulous seller. Another time, when you make a claim, the dealer will think twice about whether to deny the claim.

After the decision is made and it comes into force, you will need to contact the car dealership. They do not voluntarily do it, you can contact the bailiffs who will force you to exchange the car.

If an exchange is not possible, the dealer is obliged to return the value of the vehicle. Please note that the amount you paid is subject to refund. You can find dealers' tricks to reduce the cost due to the time of use of the car, but this is illegal. Moreover, if the price of a similar car rises, you can ask for the cost on the day of the refund.

Exchange and return of a credit car

An interesting issue is exchange and return, if the car was purchased with a loan and / or is collateral. In such cases, it is always necessary to involve the bank in the dispute. Even with a passive position, the bank will be interested in helping you, since the loss of collateral can lead to financial losses for the bank. Before the trial, you can inform in writing about the situation; during the trial, you need to involve the bank as a third party. At the same time, you cannot stop loan payments. Firstly, the bank will only help a bona fide payer, and secondly, you will have to pay penalties for any outcome of the dispute.

If there is a refund when it is impossible to exchange a credit car, penalties for early closing of the credit can be imposed on the dealer. You can also do with the commissions, interest on the loan that you paid from the inability to operate the car normally and until the outcome of the dispute.