Car owners are often disappointed with their purchases, and for many reasons. One of the most common reasons is factory defects, which are also called marriage. But how to act when such situations arise? Let's figure it out in more detail.
To return a car, it is not enough just to say that you no longer like it. There is article 18 in the Consumer Protection Law. It says that the return of equipment is possible within a maximum of 14 days if deficiencies are found.
Even minor breakdowns discovered by the consumer can serve as the basis for the return. The consumer can withdraw from the purchase agreement concluded earlier.
Then there is the right to present the following requirements:
- Replacement of goods for an identical analogue, with recalculations at cost.
- Full refund of the amount.
It is much more difficult to hand over the transport if more than 14 days have passed since the purchase.
There are only three legal grounds for a late return:
- Finding a significant flaw.
- Violation of the deadlines for the elimination of the defect, which are established by law.
- Repeated elimination of defects made it impossible to dispose of the transport in full for 30 days or more.
Each foundation has its own list of documents that can be used as evidence. But the problem is solved using the standard order in most cases.
Is it possible to return the car under warranty if I do not like it? The answer in the video:
For 2018, “significant deficiencies” are those defects that cannot be eliminated. Or, when working with which additional serious expenses will be required.
But dealers in each specific center can decide for themselves whether the identified deficiency is considered serious. If the seller insists that there are no grounds for a return, then all that remains is to go to court to prove your position.
The dealers themselves have the obligation to take the car back to the salon if it took more than 45 days to eliminate the deficiency. Or you need to accept other conditions set by the buyer.
In such cases, the situation is rarely resolved in favor. The same rule applies when a shorter period for troubleshooting is initially set in the contract. Therefore, it is necessary to study the agreement in advance and see what specific terms for warranty repair are indicated in this document.
Oral claims are acceptable, but they are the hardest to use as evidence. At the same time, it is recommended to record each breakdown, the time of its elimination and appearance.
Terms of return of cars of inadequate quality to the salon
In total, there are 3 temporary situations that allow you to exchange transport, or demand compensation at its cost.
- After the warranty, but before the end of the service life.
- As part of the action.
- Within 14 days after purchase.
Within 14 days
Submitting a written claim to the salon is the first step that must be taken by the buyer. Especially when a breakdown is detected, the elimination of which will require too serious investment in time or money.
You have to wait a maximum of ten days for a response after sending the document. At first, many dealers refuse to grant the request, and try to prove that they are not involved in the breakdown.
Car exchange, as well as refunds, are actions that do not bring any benefit to the sellers. Therefore, the negative reaction is easy to explain. It is important for the consumer to document the breakdown and the reasons for its occurrence.
After that, you can go to court if the previous steps did not lead to a result. The best option is to conduct an independent examination before the start of the court hearings. Then the chances of getting compensation are much greater.
Warranty period
A warranty card must accompany every new car that is sold through a car dealership. It is in this document that it is indicated for how long breakdowns should be eliminated. If this period of time is not observed, then a claim must be filed, as in the previous case.
Return of the car to the salon, if it is working properly. Photo: myshared.ru
Compared to sellers, manufacturers are much more willing to accommodate. In case of failure of the pre-trial settlement, it remains only to contact the higher authorities.
Dealer Dispute Resolution: Procedure Description
The consumer needs to go through several stages to competently resolve his issue:
- Submitting a claim to the dealer using a written form.
- Conducting an independent examination.
- Trial.
- Control over the execution of court proceedings.
About carrying out examinations and filing claims
The claim must be structured in such a way that the consumer has real grounds for filing a claim in case of refusal by the dealer.
What should be included in such documents:
- Contact and personal data of each of the interested parties.
- The time when the vehicle was purchased.
- Description of the brand, state number.
- Description of the defect identified by the buyer.
- Indication of legislation.
- The very demand from the consumer.
How to return a defective car to the salon? Watch the video:
The main thing is to understand the essence of the claim. Therefore, its presentation should be strict and laconic. If the claim is drawn up correctly, then it takes no more than one standard A4 page. The document is transferred in person, or by registered mail.
On the copy of the applicant, the following data must be affixed, if we mean specifically a personal transfer:
- Outgoing documentation number.
- Date.
- Signature of the receptionist.
- Enterprise stamp.
If the first notification received a refusal, then it is permissible to send again a registered letter, which describes all the attachments. It is mandatory to use the return receipt function. In the text, you must write the number of documents, each position is described in detail.
Then the second party will not be able to refuse due to the absence of any of the documents. A claim may describe an examination issue.
Such requirements must be satisfied within ten days, no more. The dealer usually pays for the expert's work. But it is better to independently follow the solution of this issue.
Regarding the return of cars purchased on credit
Usually, cars bought under a loan agreement also become collateral. Then the bank providing the relevant services has the right to participate in the dispute. After all, it is not profitable for a credit institution to lose collateral.
Prior to litigation, a standard written claim is sent to the salon. During this process, the bank becomes a third interested party that the plaintiff can attract. There is no need to refuse loan payments at such moments, even if the final decision has not yet been made.
How to get a car loan from a bank and what is needed for this? More on.
After all, the debt still remains with the client until the case is finally closed. And if you refuse payments, you will have to face penalties.
Failures and possible causes
If at least one of the following grounds is present, then the car dealership has the right to refuse both warranty repairs and compensation:
- The presence of the buyer's fault in what happened.
- Using the services of services that do not cooperate with the salon.
- Accident, natural disaster.
- Unreasonable use of transport.
The scheme of returning a car to the salon. Photo: myshared.ru
Conclusion
It is difficult to independently seek justice in resolving such issues, but nothing is impossible. It is recommended to seek the help of professional lawyers who agree to accompany the entire process, from start to finish.
They are able to take into account all the nuances characteristic of a particular situation. And they will ensure that the buyer gets the maximum benefit from what is happening. The main thing is not to forget about the correct execution of all accompanying documents. The presence of at least one mistake can lead to serious negative consequences.
In a metropolis, you cannot do without a car, someone strives for speed and wants to be in time everywhere, for someone it is a matter of prestige, others need comfort and coziness. Buying a car is a long-term and expensive purchase. We choose a brand, model for a long time, visit car dealerships and official dealers, read the Internet, consult with experts and often arrange a loan. Therefore, it is extremely unpleasant when the quality of a new car does not correspond to reality. At the same time, car dealers are often in no hurry to eliminate the identified deficiencies, and sometimes this is not possible.
Under certain circumstances and conditions, you can return the car to the salon and demand compensation in cash of all costs associated with the purchase and operation of the car, or exchange a low-quality car for a new one in accordance with the Law "On Protection of Consumer Rights".
Under what conditions can you get a refund for a purchased car.
In accordance with the Law on the Protection of Consumer Rights, if deficiencies are identified, if they are not stipulated in the contract, within 14 days from the date of receipt of the car (and not sale), following the day of transfer of the vehicle. You have the right to return the new car to the dealership and demand a refund. In addition, you have the right to demand an exchange for a similar car, but serviceable. You have the right to replace it with another car with a recalculation of the cost. In this case, the malfunction may be very minor, for example, the wiper does not work.
Upon expiration of 15 days after purchase (two weeks period), the specified requirements are subject to satisfaction within the warranty period in one of the following cases:
Significant disadvantages of the car, in which you can return the warranty car to the dealer.
In accordance with the law "On Protection of Consumer Rights", significant deficiencies include fatal deficiencies or deficiencies that cannot be eliminated without disproportionate costs or time, or are identified repeatedly, or reappear after they are eliminated, or other similar deficiencies. In other words, if in your car the same defect repeatedly manifests itself after repair, or in the car breakdowns of its various units constantly occur, you can return the low-quality car to the seller.
If your car is under warranty repair for a long time, you have the right to return the car to the car dealer.
If your car is found to have, for example, a serious malfunction in the engine, gearbox ... you have the right to return the defective car to a car dealership.
If your car has been under repair for a long time during each year of the warranty period due to repeated elimination of its various defects. You are entitled to return the vehicle under warranty.
How and is it possible to return a car to a car dealership under warranty.
Sales of new cars are constantly growing, and there are more and more service stations, which means that there will be more and more refusals and delays in warranty repairs. What to do with this? These are not your problems and we will prove it to the car dealer.
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Our lawyers, on your behalf, will submit a written demand to the seller to terminate the purchase and sale agreement and demand:
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After that, the seller is obliged to voluntarily fulfill the above requirements within 10 days. If the car dealership refuses to voluntarily fulfill the requirement, you have the right to sue. But from the 11th day from the date of the claim, the salon pays you for each day of delay a forfeit (penalty) in the amount of one percent of the price of the car, and this is regardless of whether a decision is made in court or in pre-trial order. It should be understood that in relation to the warranty car, in the event of a disagreement, the seller is obliged to prove that the malfunction occurred through your fault or through the fault of third parties. In practice, if it is not proven that you are guilty, then your request will be satisfied. And we will return the defective car to the car dealer, and you will receive enough money to buy a new car.
If it was not possible to return the car of inadequate quality through the pre-trial procedure, a claim is filed. In case of a positive decision of the court, the salon will pay you the entire amount of the main claim stated in the lawsuit plus one percent of the penalty on the price of the car for each day of delay starting from the 11th day after the claim was made, plus reimbursement of legal costs, including the payment of a representative in court, plus 50 percent fine. In addition, you have the right to claim a refund of funds paid on the loan (including interest on the loan and issuance fees), refund of the price of additional equipment including installation, refund of the cost of insurance policies, etc.
Do not forget that all actions that you have with a car dealer must be properly executed on paper. Everything must be in writing, with a seal and signature.
For each repair call, ask for an official receipt, work order or written explanation or other document. In case of refusal of warranty repair, request a written refusal. After carrying out work, demand to record in writing all work and replacement of units in writing and only in writing, signed and sealed.
Almost everyone dreams of buying their own car. Modern life, with its dynamics and energy, cannot do without vehicles, of which there are more and more on our roads every day. Quite often, buyers are faced with a problem when, when purchasing a car, they find significant flaws in it. We will talk further about how the car is returned to the car dealership under warranty.
Returning a car under warranty to a dealer is quite feasible if, within some time after purchase, it turns out that the car has some drawbacks that have a significant impact on its operational and technical characteristics. The return period is set in accordance with the provisions of the Consumer Protection Law, which states that if, within 14 days from the moment the purchase entered the use of the new owner, defects were determined, then it can be returned back to the seller.
In this case, any defect of the machine can act as a defect, be it a scratch, the absence of some parts or a crack in the glass. In accordance with current legal regulations, if the vehicle is returned under warranty, then the seller has no right to refuse the customer without good reason. At the same time, the seller can either return the money for the purchase of the car, or offer to replace the car with a similar model.
If the defect was discovered while the machine is in use by the consumer for more than 15 days, then everything is significantly complicated. Nevertheless, on the basis of the provisions of the same law, the return of the car is possible in the following cases:
- an independent examination has established that the defect is in the nature of a factory defect, which cannot be eliminated;
- the seller was unable to rectify all problems within the previously agreed period. As a rule, this is 45 days, but there are exceptions, therefore, the repair time must be looked at in the contract. It should be noted that if the seller does not have the necessary tools to eliminate defects, or there are no spare parts in his warehouses, this cannot be a reason for extending the repair period;
- the machine is under warranty repair for more than 30 days a year. In this case, it does not matter at all how many times the repair work was carried out. The main condition is that the car spent at least 30 days in the workshop in a year. This fact can be confirmed by the documents that you sign when sending the car for repair, as well as an application for warranty service. At the same time, in the text of the application, it is necessary to indicate the reasons for handing over the car for repair, as well as visible and invisible deficiencies that reduce the operational or technical performance of the vehicle. The application must contain the date of writing, the applicant's personal signature and the seal. If this problem is resolved, the seller will make a refund for the car under warranty, or replace the product with a similar one. Be careful if a car dealership demands to compensate for the difference between the sale and the current price of the car, it is illegal, even if the presentation of the car has undergone significant changes;
- if the same defect occurs repeatedly during the warranty period;
- the seller knew about the existing defects, but did nothing to eliminate them, and hid this information from the consumer.
It is only natural that the return of the car incurs significant losses for the dealership. That is why the representatives of the seller are trying with all their might to prove their case. To do this, they arrange expert assessments of the condition of the machine. This procedure is carried out at the expense of the dealer, and the current owner of the car has every right to be under examination as an observer. Please note that even if the examination establishes that the defect was acquired after purchase, and the seller has nothing to do with it, the owner of the car has the right to challenge the results of the examination in court.
In addition, you can return the car not only within the warranty period, but also after its expiration, provided that the service life has not exceeded the limits. In this case, not only the cost of the car is subject to return, but also compensation for damage caused, and the entire amount of money that was spent by the buyer for repair service. Considering that this decision entails huge financial losses for the dealer, the salon will refuse to return the money. In this case, the resolution of the problem is feasible only through judicial review. It is extremely difficult to independently carry out legal proceedings with a dealer, therefore it is necessary to find a good auto lawyer in advance who can protect the interests of the consumer.
Reasons and terms for returning the car under warranty
Often, when buying your own vehicle, a person is in a cheerful mood, and is not able to adequately and rationally evaluate his purchase. After a while, he begins to notice minor problems that can lead to significant financial expenses and damage to the car. For example, buying a car in the summer, the buyer does not use all its capabilities. And with the onset of cold weather, he discovers that the stove does not warm up the interior well enough. Naturally, this is a manufacturing defect that the seller did not inform the buyer of. Based on this, the consumer has the right to return the car. But it can be extremely difficult to do this, especially if more than 15 days have passed since the purchase. And you can return your financial resources spent on purchasing a car only if there is a serious malfunction on the car.
Current legal regulations clearly state that in the presence of any malfunction, even the smallest, the buyer has the right to return his purchase to the seller and get his money back within 15 days from the date of purchase. Only this all looks so easy only in theory. In practice, the situation can become noticeably more complicated. However, this does not in any way affect your rights to return the vehicle to the dealer under warranty.
Currently, according to the main legislative provisions, the return of a car to a gray car dealership under warranty can be carried out in the following cases:
- if, after purchasing, you find significant flaws in the car;
- if the machine is under repair during its operation more than 30 days a year;
- if the same defect has to be eliminated several times;
- if the purchased model does not correspond to the information that the seller announced earlier;
- if the seller knew about existing defects, but hid this information from the consumer;
- in case of violation of the liquidity period of the breakdown.
Significant disadvantages of the machine are those defects that are almost impossible to eliminate. If the car needs expensive repairs, which makes up a significant part of the cost of the car itself, the buyer also has the right to return the defective product to the salon. But there is a small problem here. It is up to the seller to determine how serious the defect is found in the car, and whether it can be classified as “significant defects”.
It is quite understandable that even if a really serious problem is discovered, the seller will try not to acknowledge the seriousness of the breakdown. Therefore, in such a situation, it is necessary to involve a qualified lawyer in the process, who can protect the interests of the consumer and make the salon pay the bills. In addition, in court, such a specialist initiates a legal dispute with a car dealership, which will allow him to bring an incompetent dealer to clean water.
If you find yourself in a similar situation, in which there is no way to do without qualified legal support, then you can get advice from an auto lawyer with us. Our experts have significant experience in cases of such jurisdictions, and will be able to determine what your chances of success are in the event of a lawsuit.
Do not forget that if the defect does not belong to the category of serious, then the dealer is obliged to carry out repair work at his own expense. In this case, everything is much simpler. The law gives 45 days to carry out the repair, and if during this period it is not carried out, the seller is obliged to take back the car and return the money to the buyer without a single excuse. At the same time, the dealer has no right to extend this period, and even if the repair requires a long and painstaking work, the salon lacks the necessary tools, or spare parts will not be brought from abroad in any way - all this is not a reason for extending the terms.
When signing a sales contract, you should pay attention to some points. In particular, those that relate to the repair of the machine during the warranty period. Often the dealers themselves set a deadline of 21 days, although they are entitled by law to 45 days. If the contract specifies a different date (but not more than 45 days), then it is this period that is considered official.
Only now, unfortunately, many car dealerships take advantage of the fact that our compatriots have low legal literacy. Lawyers carefully recommend submitting a written claim in the amount of 2 copies on the very first day of contacting the service. Both copies must be signed by the applicant and stamped by the car dealership. One copy remains with the consumer, the second is left with the seller. And at the same time, do not forget that the date of the appeal must be stated in the text of the claim.
If this is not done, then the car dealership may deliberately deceive the client. They place your order only when the necessary part appears in the warehouse, carry out repair work in a few hours and close the order. At the same time, the waiting period until the part is delivered can be very diverse: from several days to several months. And it will be completely impossible to prove anything. There are situations when the dealer's representatives simply refuse to accept the claim. In this case, you must send it by mail by letter with notification. The notice will serve as evidence against the car dealership if the repair of your car takes longer than the law allows.
As for the total repair period, it is officially accepted that it does not matter at all how the car was repaired. It can be one large-scale repair that lasted a month, or 10 trips to the technical workshop, as a result of which the consumer was left without a car for 3 days. And if you have a similar situation, then you need to prepare documentary evidence of the fact of continuous repair.
If you are faced with a situation where the same defect repeatedly appears during a specific period of time, because of which the car needs repair, then you have every right to return the car to the salon, and the dealer cannot refuse you a refund.
The return of cars under warranty is possible even if the consumer simply ceases to like the car. To do this, you should carefully study your purchase, and the documents that accompanied it. It is quite natural that some detail was made in another country, something is indicated in the documents. And this may be the reason for returning the car after 45 days under warranty.
Also, there are often situations when the seller strenuously praises his product, knowing about its shortcomings, and hiding this information from the consumer. As a result, after the purchase, the buyer may face the following problems:
- the actual fuel consumption is 2 times higher than the norms announced by the dealer;
- instead of genuine leather seats, your car has similar versions, only made of leatherette;
- the model was presented as absolutely noiseless, but in practice it turned out that its noise threshold was quite high;
- the climate control does not maintain the required temperature in the passenger compartment.
There are a huge number of such problems. In any case, the outcome is always the same. The seller is obliged to return the money for the car and take his defective goods back. If he refuses to return the car under warranty, a statement of claim in court is the only way out of the situation. Just don't try to organize it all yourself. Take advantage of the qualified assistance of certified auto lawyers who will speed up the process and help you achieve your goals.
Refunds for a car under warranty
To get your money back, you must initially write an appeal in writing, and clearly and carefully indicate your requirements in the text of the application. The written application must be taken to the salon, where the manager or manager is obliged to accept it and put his visa on it. At the same time, the time frame for solving the problem is being discussed on the spot. If your application is denied, you must obtain a written justification for the refusal. If the dealer does not meet you halfway in this, then the application should be sent by postal order with notification.
Experts recommend demonstrating knowledge of your rights and laws in your application. Therefore, any claim must have a reference to official legislation. As a rule, car dealerships are not interested in the development of the situation before the trial, therefore they try to resolve the problem in the pre-trial period. In particular, the consumer is offered to eliminate all problems in the car, replace the car with a similar one, and much more.
As practice shows, if a request from a client follows within 14 days from the moment the car entered his use, then problem situations are resolved quickly and efficiently. If the term has exceeded this limit, then the situation may be complicated by unexpected circumstances. We are talking about the expertise that the seller will order. And even if she demonstrates that the defects appeared due to the fault of the consumer, do not agree. Often, expert panels hired by the dealer have an interest in the outcome of the process, and therefore their conclusions are not always correct. Therefore, in this case, it is necessary to initiate legal proceedings.
Dealing with a car dealership on your own can be difficult, so you need to attract a competent lawyer to your side in advance, who will tell you how to act in a given situation, and how to protect your rights more rationally.
If the car was purchased with credit funds, then after the car is returned to the dealer, it is necessary to obtain from him a written confirmation of this fact. This application for the cancellation of the sale and purchase agreement is transferred to the credit organization, and the salon returns the money to the buyer, and also extinguishes the loan balances to the bank.
In accordance with the Law "On Protection of Consumer Rights", the dealer is obliged to make a refund on the loan. And besides, he is obliged to reimburse all those funds that were spent by the user for servicing the loan. But at the same time, the interest rate is not taken into account, and it remains as a gratuitous loss. After the car dealership pays off the balances of the debt to the credit institution, it is necessary to obtain a certificate that the debt has been repaid, and the bank does not have any claims against the client.
Most importantly, even if your car turned out to be defective, and you raised the issue of returning the car under warranty, in no case should you stop paying the bank. Otherwise, you will face additional costs in the form of penalties, as well as problems with the law. And the court will side with the bank, further aggravating your situation.
It is not easy to achieve justice on your own, or rather almost impossible, unless, of course, you have a wide range of legal knowledge. To achieve a fair decision and protect your rights as effectively as possible, you need to seek help from professional lawyers in our company. Our specialists have solid experience in dealing with such problem situations, and therefore they will always be able to find the right way out, which will minimize all your losses and save your money and nerves.
Video, returning a car to a car dealer under warranty
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
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 is repeated several times, you need to demand the replacement of the car.
You can find out whether it is possible to exchange an old or defective car for a new one in a car dealership and how the procedure is carried out.
Used car
A warranty card is also issued for used cars. Therefore, the buyer has the right to demand the elimination of breakdowns in the same way as when buying a new car. The scheme is the same here: the salon most often refuses to repair the vehicle, therefore, it is necessary to conduct an independent assessment and go to court with its results.
How do I legally request a return after purchase?
To receive monetary compensation when returning a car to a dealer, follow these steps:
- write a complaint to the dealer's name;
- to conduct an examination;
- send a claim to court;
- 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:
- inspection (as a rule, it takes place with photo and video recording);
- assessment of car breakdowns;
- calculation of repair costs;
- 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 canceled without this document.
How long should the money be returned?
After a positive decision of the court, the owner of the car again contacts the dealer company. She must respond to the request 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:
- date and place of purchase of the car;
- all technical data of the vehicle;
- a reference to the law "On Protection of Consumer Rights" (Article 18);
- 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.
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The buyer of a car and its seller, working as an official dealer or other business entity that sells cars, conclude a car sale and purchase agreement, which can be canceled in cases provided for by law. That is, the buyer has a legal opportunity to return the car to the car dealership. Let's consider under what conditions he can do it.
Is it possible and how to return a new, warranty car to a car dealership? Let's consider this issue sequentially. The first nuance that interests us is the legality of such a return.
A car is by all indications an unusual product, however, it is subject to classification according to the general rules established by federal law. So, the decree of the Government of Russia dated November 10, 2011 No. 924 classifies cars as technically complex goods. Their specificity is that they are not subject to unconditional return within the period established by law - as is the case with many household items that are not technically difficult.
Cars as technically complex goods are subject to return - within the current warranty period, in accordance with the following two main scenarios:
- When no more than 15 days have passed since the purchase.
In this case, a return is possible if defects are found in the car - not specified by the seller when concluding the contract.
- When more than 15 days have passed since the purchase.
In this case, a return is possible:
- if significant deficiencies are found in the vehicle;
- if the car dealer undertook to eliminate the deficiencies, but violated the statutory deadlines for their elimination;
- if the car dealer took the car for repair and at the same time kept it there for 30 days or more during the year.
If more than 15 days have passed since the purchase of the car, and the flaw that it has is, by all indications, is not significant, then the buyer has the right to demand from the seller - if at the stage of concluding the contract he did not say anything about the existence of a subsequently discovered flaw:
- reduce the price of the car commensurately;
- eliminate deficiencies free of charge;
- reimburse the buyer's expenses for repairing the machine.
Thus, it is possible to return a car to a car dealership under warranty without any problems if the return is carried out according to the first scenario - within 15 days after the purchase of the car. The main condition is the presence of any flaws in its design. It doesn't matter if they are significant or not.
In turn, identifying significant shortcomings as a condition for returning under the second scenario is a more difficult task. Also, certain nuances may have the establishment of the period for which a car is in repair - another possible criterion, subject to which the law allows the return of the car to the dealer.
What disadvantage is considered significant?
The main definition of a significant disadvantage of a technically complex product is given in federal legislation. Such a defect is a breakdown, defect or other violation of the integrity of the product structure, which:
- cannot be eliminated without incurring costs and time expenditures that do not make economic sense;
- are revealed many times;
- appear after elimination once carried out;
- correspond to a serious breakdown in essence.
To establish the fact of the materiality of the defect, in most cases, an expert examination is appointed. At the same time, its main purpose is not even to classify the flaw (in many cases its significance is simply obvious), but to establish that the flaw appeared due to the fault of the seller or manufacturer, and not the car owner.
In accordance with the law, an examination within the framework of the guarantee is carried out free of charge for the car owner. In addition, he can be present at the event. The results of the examination are in any case contested in court. If the examination shows that the buyer is to blame for the appearance of deficiencies, then he will be obliged to compensate for the cost of this examination.
Another controversial criterion is the establishment of the period for which a car will be repaired. If it has exceeded 30 days during the year, then the buyer has the right to demand a refund for the car from the salon.
As judicial practice shows, at this time, car dealers tend not to include periods of car transportation to the place of repair (and other periods that are not directly related to direct repair operations - for example, the time the car is in the queue for diagnostics). The Supreme Court in its rulings considers such actions of car dealerships to be unreasonable.
Thus, the specified 30 days should include the entire period from the moment the car was handed over by its owner to the salon for repairs and until the moment he received the car back. It does not matter what kind of operations with the car were carried out during this period.
Let us now consider exactly what actions the car owner needs to take to return a low-quality car to the salon.
How to return a car to a car dealership: procedure
To return the car to the car dealership under warranty - if there are the above reasons, the car owner must:
- Draw up a written claim to a car dealership with justification of intentions to return the car.
- If there is no response to the complaint, request a written explanation of the situation.
- In the absence of response to requests, as well as in case of unsatisfactory content of the responses, initiate an examination.
- Repeat the appeal to the car dealership with the attachment of copies of the examination results - perhaps they will become an additional argument in encouraging the seller to do something.
- If there is no response to a new claim with the results of the examination, or if the content of the response is unsatisfactory, initiate an appeal to the court.
A claim is filed against the car dealer, supplemented by the necessary documents. The court will consider the results of the examination and other arguments of the parties. The main condition for the car owner to win the case is the validity and consistency of proving his own claims to the car dealership.
