When you buy a car, you are sure that you understand what you are giving your money for. However, troubles do happen that can disappoint you with your purchase. Often, various defects or faults make you spend money on repairs that you did not expect. What to do in such cases? How to get a refund for a car you are disappointed in? Read on for more details.
The legislator provided for such cases and therefore approved a law that protects consumer rights. One of the articles of this law states that the goods, and in our case, the car, can be returned within two weeks from the date of purchase. In the case of returning the car in exchange for it, you can request a full refund of the money paid for the car, or a replacement for another vehicle of the same make or model, taking into account the same cost.
There is such a thing as late return... It means returning the car to the dealer in more than 14 days. The only reason for a late return is a significant defect in the car.
Significant deficiencies are recognized as such defects that cannot be eliminated, or significant sums of money will be required to eliminate them. You can establish the fact that a car has a significant drawback in specialized car services.
We return money for a car bought at a car dealership
Law RF dated 02/07/1992 N 2300-1(as amended on April 18, 2018) "On the Protection of Consumer Rights", which is valid both in Moscow and throughout the Russian Federation, guarantees the buyer the opportunity to return the goods back to the seller within 14 days. However, in the case of a car, the car owner, after buying a car in a car dealership, needs to carry out a technical inspection just at this time to detect possible malfunctions... If those. the survey was not completed within a two-week period, and a significant flaw was not found, then the request for a refund will be guaranteed to be rejected. The trial on this matter will also end, most likely, in failure.
So, if you want to return the car back to the dealership and get your money, several factors must be taken into account:
- There must be certain defects in the technical part of the car that affect its performance. Moreover, these defects must be found within 14 days from the date of purchase of the car.
- The car has significant defects, the warranty period has not expired.
You should be aware that the car dealership has the right to nominate its experts to determine whether the defects are the result of the buyer's actions.
How to get money for a car under warranty
A car, like any product, has its own warranty period, which is set by the dealer upon sale. Usually this period is from one to three years. During this period, the dealer is obliged to carry out free repairs as needed, eliminate vehicle malfunctions or replace parts of inadequate quality.
Any renovation work the car under warranty must be carried out strictly at the stations established by the dealer Maintenance... Although this binding to specific stations is not required, many dealers set their own schedule for maintenance. vehicle.
However, it is possible to return the car under warranty and get money for it only if the car owner presented a request to fix the car's problems with the dealer, but this request was ignored for twenty calendar days. After the expiration of 20 days, the car owner has the right to return the car and request his funds back.
How to return a car to a car dealership if it was bought on credit
An agreement on the sale of a vehicle on credit implies the possibility of its termination with the subsequent return of funds to the buyer, and with the transfer of the car back to the car dealership, but in practice this happens quite rarely. How does the return take place if the car was bought on credit?
To get started, you should contact the car dealership directly. There you will receive a complaint form in which you must indicate everything that does not suit you in the purchased car. After filling out the complaint, make sure that the representative from the car dealership signs it and the date of filling it out - this will record the very fact of your appeal.
Your next step is to wait for a response from the car dealership. If the management of the car dealership admits your complaint and agrees to meet you halfway, then you can:
- Receive the entire amount paid for the car at the moment;
- Exchange the car for a similar or similar model.
If the management refused your application, then there is nothing left but to go to court. In addition, it is one thing if you just want to return a car bought on a loan, and quite another thing if you also want to return the interest paid by a banking organization for the loan itself. In this case, you will have to additionally apply to the banking institution itself for a refund of the funds paid on the loan. And there is a similar situation: if the bank agrees to return the money, it's good, if not, go to court.
Is it possible to get a refund for a car bought from a private person
If you looked at the car from a private person, agreed on the sale and purchase, concluded an agreement, but later decided to return the goods back to the seller, then the reason why you want to return the car will affect the return of the money. For example, if you don't like the design of the car, ride comfort, etc., but there are no errors in the technical part of the car, then only bad news for you. The seller sold you a product of appropriate quality, and he has any subjective dissatisfaction on your part full right ignore. However, what if your desire to get the money back for the car is justified by the technical component of the car, if you find defects in it that clearly affect the performance of the vehicle. Such conflicts can be resolved mainly in three ways:
- Personally agree with the seller about the return of the car. If he agrees, then the problem is solved.
- Demand the seller to financially compensate for the defects in the car at his expense. In this case, the seller would rather refuse.
- In the event that the seller refused to return the car and clearly hints at the absence of defects at the time of sale, then you must contact the courts.
The procedure for the return of money for a car bought from hands under a sales contract through a court
If the case has gone to court, then you cannot do without obstacles: be prepared for long proceedings, in which you may even lose. However, if there is no other option, then you should file a statement of claim, having previously contacted specialists. After that, you need to find evidence that you purchased the car already in obviously poor condition, but did not know about it.
When purchasing a car from private persons, at the moment of transferring the car into your hands, fix it on the camera or mobile phone condition of the car. If in the future you find yourself in the situation described above, then this can become your decisive proof.
Problems may arise if you indicated that there were no claims for the condition of the car at the time of purchase. This means "cleanliness" of the transaction from the legal side. In this case, you will have to contact independent experts for an examination, the task of which is to establish the actual causes and date of the car malfunctions.
Although the return of money through the court is a rather time-consuming and costly process, if you have won the case, then, in addition to receiving money, you also have the right to request:
- Compensation for non-pecuniary damage;
- Reimbursement of litigation costs, i.e. the seller will be obliged to cover your costs for lawyers, for examination and so on.
- Appointment of a fine to the seller in the amount of up to 50 percent. However, this is possible and is practiced in cases where during the trial it turned out that the seller deliberately concealed a defect in the car and knowingly sold you the defective product.
According to the Law “On Protection of Consumer Rights”, it is possible to return a car to a store only if it reveals a significant defect that was not specified at the time of purchase. How long does it take to return a car to a car dealership? What are the rules for returning a car to a car dealership? Read this article.
What does the Law say?
According to the Law “On Protection of Consumer Rights”, a car is considered a technically complex product that cannot be returned or exchanged in a store if it is of proper quality and does not suit the buyer in shape, style, size, color, dimensions or equipment.
So, for example, you entered into a sale and purchase agreement for the purchase of a car in a car dealership, made a payment (or took out a loan), but when you got into the car, you realized that you were getting excited about the color. Literally one day has passed from the moment of purchase, you return to the salon and say that the purchased car does not suit you in color and you want to exchange it for a car of a different color. The car dealership has the right to refuse you, since the car is included in the list of goods that cannot be returned without revealing any shortcomings in them.
How to return a car to a car dealership within 14 days?
According to the Law “On Protection of Consumer Rights”, it is possible to return a car to a car dealership within 14 days in the following cases:
- If, during the operation of the car, some kind of malfunction or defect was revealed that the seller did not warn about;
For example, when selecting a vehicle, the seller said that the car perfectly absorbs street sound, but in fact it turned out that the car does not absorb extraneous sounds generally. Or if the car you bought had faulty wipers.
- If the car has not lost its presentation;
You have saved all the stickers, tags and labels that were applied in the cabin, on the hood or windshield car.
- The machine has no traces of operation;
It is clear that after buying a car, you managed to “drive around” it a little. But if you want to return the purchased car to a car dealership, then the windshield should not be chipped from stones on the roads, there should be no oil traces on the seats, and there should be dents or scratches on the hood of the car.
Procedure for returning a defective vehicle
If all of the above conditions are met, then you must:
- Arrive by car to a car dealership, taking with you all the documents that were received upon purchase;
As a rule, the list of documents includes the following: purchase and sale agreement, payment documents, loan agreement, etc.
- State the reason for the return and your requirements;
According to the Law "On Protection of Consumer Rights", you have the right to count on:
- Return full cost car in exchange for returning the car;
- Exchange of a car for the same car, but without an identified malfunction / defect;
- Exchange of a car for a car of another brand (with recalculation of the cost);
- Elimination of the deficiency at the expense of the car dealership;
- Compensation for the cost of car repairs;
Returning a defective vehicle after 14 days
The driver can return the car after 14 days in the following cases:
- If the purchased car has a significant defect;
- If the car dealership refuses to carry out repairs within the warranty period;
- If the warranty repair is “delayed” for more than forty-five days;
- Multiple breakdowns of the purchased car (more than two times), as a result of which its owner actually drove it for less than a month;
The warranty period is six months.
So, if for half a year of using the car, its buyer constantly handed it in for repair to the car dealership where it was purchased, and during this period drove it for only thirty days, then the buyer has more than enough reasons to return it.
What is considered a disadvantage due to which a car can be returned?
According to the Law "On Protection of Consumer Rights", the return of the car is possible if the identified deficiencies:
- Generally it is impossible to eliminate:
- It can be eliminated, but at serious financial costs;
- Occurring over and over again after each renovation;
- The resulting deficiencies contribute to the emergence of other disadvantages;
At the same time, it is not possible to return quality car it is possible to go to a car dealership even if it is being repaired for too long (longer than a month and a half).
Example: you bought a car, and the gears in it regularly jam, which creates accidents on the roads. After fixing the "gears", after a while the brakes in the car began to jam regularly or the steering wheel did not turn. It will not be difficult to return the car to the salon if such deficiencies are identified.
The surest way to do this is to contact a lawyer. What will he do?
- Draw up a written request to terminate the sales contract with the car dealership;
- Contribute to the fact that the car dealership in the shortest possible time returns the full value of the car purchased from them to the buyer;
- Demanded from the car dealership to pay penalties for the period when the car was being repaired and the buyer was forced to move without a vehicle;
- Received from a car dealership compensation for expenses for his own services;
- If the buyer took out the car on credit, then the lawyer will also help to return the amount that the buyer had managed to pay to repay the loan by the time the car was returned to the car dealership;
Information
After submitting a written request, the car dealership must consider it and make a decision on the return of the car and money for it within ten days. For each subsequent day of delay, the car dealership will have to pay a penalty. The amount of the penalty is 1% of the original cost that the buyer paid for the purchase of the car.
If the car dealership refuses to comply with the voiced requirement, then the next step will be to file a lawsuit against the car dealership.
What will the car dealership have to prove? That the malfunction in the car is the result of improper operation by the buyer. This is very difficult to do. So the buyer has more chances of returning the car and its value than the car dealership.
Samples of documents
- Starting from the first day, when you try to return a low-quality car to a car dealership, you record all “interactions” with it: record conversations on a dictaphone, etc .;
- If you hand over the car for repair, then ask the representative of the car dealership to issue all receipts and documentary evidence of taking the vehicle to the car service;
- If the car dealership refuses to fulfill any of your requirements, ask to confirm this in writing;
- Do not be lazy to seek the help of qualified lawyers, because this way you will have more chances to return a defective car and money for it;
In case of a successful outcome of the case, the car dealership will compensate your costs for legal assistance.
Buying a new or used car can be frustrating if the car is not useful, but a bottomless well that needs to be invested in to fix its shortcomings.
To protect the buyer from such risks, the right to exchange a car has been established in a number of cases:
- detection of shortcomings that were not named by the seller during the sale or significant shortcomings (we will talk about the latter in more detail below);
- refusal to carry out repairs under warranty;
- violation of the term established by law for eliminating deficiencies (45 days);
- the inability to use the car for more than 30 days due to being under repair.
Each of them has its own characteristics, which we will talk about further.
Questions regarding the return of any goods, including a car, are established by the Law of the Russian Federation of 07.02.1992 N 2300-1 "On Protection of Consumer Rights" (hereinafter referred to as the Law). However, taking into account the peculiarities of the machine, by the Decree of the Government of the Russian Federation of 10.11.2011 N 924 "On the approval of the list of technically complex goods" they are classified as technically complex.
Such regulation allows to provide additional protection in comparison with generally established rules, but also creates a number of difficulties, this should be taken into account, since general rules in such case do not apply.
To answer the question - is it possible to return a car to a car dealership ?, let us examine individual cases.
Return of a car of inadequate quality
If, after buying a car and using it, you could understand that it does not meet the necessary quality criteria, then, in accordance with the law, it is possible to return the car to a car dealership and get back the amount paid for it.
Remember that most problems can be avoided by taking advantage of. This will allow you to get to know him better, evaluate his pros and cons not only from an external point of view, but also from the point of view of his consumer qualities.
Compliance with the deadline for return
Article 18 of the Law "On Protection of Consumer Rights" (hereinafter referred to as the Law) establishes a 15-day period for cars, when it can be returned and received your money, as well as replaced with a working model with a possible recalculation of the price.
During this period, any defect that you were not aware of during the execution of the contract is taken into account, be it obvious scratches, chips and damage, failure of electronics or individual mechanisms.
The beginning of this period is the next day after you receive the car for use.
This period does not apply if you want to exchange a high-quality car without flaws, in accordance with the requirements of Art. 25 of the Law.
Some car dealerships and car manufacturers acknowledge that refusal to exchange creates a bad situation for the dealer and the buyer, affects the reputation, and therefore, in some cases, even without finding defects during this period, you will be able to exchange the car. Everything will depend on the trade policy of a particular car dealership.
Return within the warranty period
The warranty represents the obligation of the seller to repair any defects found in the vehicle within a fixed period of time. Nevertheless, the complexity of the car as a product does not allow the owner to apply for repair under warranty for any reason, but requires strict compliance with the agreement signed when buying a car.
There are two types of European and Asian guarantees on the market.
The former make the possibility of warranty service dependent only on the time of use of the car, setting a fixed time period, on average 2 years, during which you can contact the dealer with a request to carry out warranty repair.
The Asian warranty, in turn, offers an additional option in the form of mileage accounting, which also allows you to increase the warranty period to 3 years, however, it negatively affects those motorists who like to travel or use their car to the maximum for work.
In Russia, taking into account its territorial features, it is the Asian type of guarantee that has become more common, and thus in most cases you will be faced with the fact that the guarantee for new car manufacturer lasts at least three years or 100,000 kilometers. When one of the thresholds is reached, the warranty expires.
Various claims of manufacturers and sellers that the warranty will be 5 years or more are promotions that have a huge number of reservations, which in reality practically does not provide an opportunity to take advantage of these extended periods when returning a car to a car dealership under warranty.
Used cars sold by dealers usually come with a three month warranty or 5,000 km mileage.
It should be noted right away that in any case, the warranty does not apply to cases of damage to the car as a result of an accident or improper use of it, as well as to parts subject to wear, such as tires and brake pads, as well as to normal oil change and maintenance services.
You have the right to service your car both at the dealer from whom you bought it and at any repair shop or service. But in order to keep the manufacturer's warranty, service center which you chose should use original parts otherwise the warranty will be voided.
In some cases, in accordance with the contract, the service must be carried out only at the dealerships of your automaker, so make sure that you carefully read the terms of the warranty before returning the car to the car dealership under warranty, servicing the car in third-party organizations.
The time that the car was on warranty service, is added to the warranty period.
In accordance with the law, after the expiry of the previously considered 15 days period, it is possible to demand a return or exchange of a car in the following cases:
- the presence of defects in the car that cannot be eliminated, their repair is disproportionate in cost and time costs, or they appear repeatedly after repair;
- violation of the statutory deadlines for the repair;
- finding a car for repair for more than 30 days, which made it impossible to use it.
It should be remembered that if defects appear due to improper operation or an accident, then they are not a warranty case and repairs are payable.
Out of Warranty
Current judicial practice has examples when, even after the expiration of the warranty period, car owners received compensation for defects found in their car, since in addition to this period, the manufacturer must also set the service life.
In some cases, it is equal to the warranty period and this is not a violation, but most manufacturers are guided by 6 years or 150,000 km, and some 8 years or more, in this case it is exclusively their desire.
You can find this period in the documentation attached to the car. If such a period has not been established, then by general rule it is 10 years old. It should be borne in mind that in addition to the time period, it can be set in the form of a mileage, as in the case of a guarantee.
During this period, it will be possible to return the car only if there are significant defects and the obligation to prove these circumstances will lie with you.
In most cases, sellers and manufacturers do not at all seek to go to court during the warranty period and voluntarily eliminate the shortcomings, however, after that, a completely different story begins.
When the car is under repair for more than 30 days a year
At first glance, it may seem that there is a contradiction with the period of 45 days, which is set for the total time of car repair, however, this case involves the discovery of several deficiencies that required repair.
That is, even if the first repair lasted more than 30 days, but within 45 days, and was completed, you will have no reason to contact the seller on this basis.
The key word for this reason is the word “repeatedly”, which, within the framework of the law, implies the need for at least two completed repairs and the identification of deficiencies, the latter can be either the same or different.
In this case, the aggregate repair time is calculated from the moment the buyer contacts the seller and until the moment the car is in good order back, for each of the cases.
Instructions for returning the car
The first step will be to contact a car dealership or a dealer from whom the purchase was made with a description of the problems encountered and an indication of one of the possible requirements.
It should be noted that in some cases the application may be refused, indicating the need to contact the legal address of the organization and from the point of view of the current law, this is a fair requirement.
This can be done both by visiting the legal address and by writing a letter.
As part of the first method, it is necessary to prepare two statements that correspond to each other, one of which will be transferred to the seller, and on the second, they will put a mark of acceptance and it will remain with you.
The second method is considered more reliable, albeit more time-consuming, because the seller may simply refuse to accept your application. To do this, you must send a certified letter with a confirmation of receipt, upon receipt of the notification, it must be saved as proof of contacting the seller.
List of required documents
In the application that you send to the seller, you must indicate basic data such as the time of purchase, car model, contract number, demand and its grounds, current location of the car, if it is not possible to deliver it to the salon (it is not on the move, etc.)
To return or exchange your purchased car, you must have the following documents:
- contract;
- a receipt or other document confirming payment;
- car acceptance certificate;
- car passport;
- registration data;
- documents confirming the fact of repair or refusal of warranty service;
Other documents may be attached that confirm your requirements for the need to return or exchange the car.
What can you demand from a car dealership?
The main requirements that you can count on when contacting the salon are:
- exchange;
- return;
- cost reduction;
- repair;
It should be noted that it is possible to present the above requirements with respect to supported vehicles during their service life, in the presence of significant defects, but, in most cases, this requirement should be addressed to the manufacturer, and not to the car dealership.
If this is a car dealership of a specific manufacturer, then such a return can also be issued through him.
Features of cash payment
In accordance with the law, payments made must be returned within 10 days from the date of receipt of your appeal, violation of these deadlines allows you to claim compensation for each day of delay.
The nature of the payment depends on how it was made; in case of cash settlement, a return occurs in cash, when paying by card, respectively - to the card on which the purchase was made.
If the purchase was made on credit, then the payments made on it are refundable.
If the car has become cheaper
In the event of a decrease in the price of the car (which happens very rarely) during the time elapsed after the purchase, the buyer in any case has the right to the amount that was paid during the purchase.
Do not accept offers from the seller to receive a lower amount, even if he threatens to refuse the return altogether and send you to court. The law is on your side.
If the car has risen in price
In cases where cars become more expensive, you will be paid the difference between the original and the current price. To do this, it is necessary to draw the attention of the seller not to price changes and to demand a recalculation of the cost taking them into account.
Low-quality car on credit
If the purchase was carried out on credit, then the payments and interest made on it are subject to return.
If the payment was made partly from the available funds, partly at the expense of a loan, then, accordingly, you receive the deposited part, and the credit is returned to the bank, after which the loan is closed.
Nevertheless, if everything turned to court proceedings, it is recommended to continue paying on the loan in order not to receive penalties for non-performance of the contract by the bank.
What if the car dealership refuses to return the money?
In cases where the dealer refuses to admit your claims, the only way is to go to court.
To do this, you must prepare a statement of claim, where you indicate your contact information and the seller's data, indicate all the circumstances of the purchase and the detection of defects.
All copies of the above documents are attached to the application.
Features of the trial
According to the law, it is not necessary to initially contact the seller, observing the complaint procedure, however, it is necessary to understand that litigation in Russia is a very time consuming business, and sellers in most cases go to a meeting so as not to receive negative reviews and not to lose their reputation.
It should be understood that in most cases, judges do not have special knowledge regarding technical device the car and its operation, which is why it is required to carefully prepare the evidence to which you will refer and make them as clear as possible to a person who is far from the subject of cars.
To do this, it is recommended to use images and diagrams of the car with the designation of places and components in which deficiencies are found, with a demonstration of how they affect the operation of the car, whether it is possible to replace them, and it is also desirable to give the general price level for such parts and their replacement in local car dealerships.
If the court recognizes that you are right, you will be able to receive compensation for legal costs, therefore, if you are not sure that you will be able to represent your interests in court yourself, you can turn to lawyers for advice, preparation of documents and representation.
In addition to the cost of the car, it is possible to file a claim for a penalty and moral damage, although the amounts are not large, they allow you to cover some of the inconveniences caused by all these proceedings.
Examination of car defects
If the dealer disagrees with your arguments, the court may order an examination, which is carried out by an independent specialist. He inspects the car and prepares his opinion, in which he must draw a conclusion about the presence or absence of a malfunction and indicate the possibility of its elimination.
If you have reasonable suspicions that the expert does not have the necessary knowledge or that he is dependent on the seller, you must draw the court's attention to this and provide evidence. If the expert establishes that the car is serviceable or the defect is insignificant, then you will be obliged to reimburse legal costs, including the costs of paying for the expert's work.
Conclusion
Thus, it is quite possible to get a refund for a car, in the presence of certain defects and shortcomings, the main thing is to remember the deadlines established by law, carefully consider the purchase and the choice of the seller.
Nowadays, a car is no longer a luxury, but rather a necessity. But the cost of a good car for average citizens is still not small. That is why returning a car to a car dealership is an urgent question for many inhabitants. Buying a car of proper quality is a dream of almost every person. People are very careful when choosing a car, because transport is usually bought not for a year or even two. Returning a car is an unpleasant procedure, but sometimes it is simply necessary. The purchased vehicle does not always meet your expectations. Of course, it is impossible to return your car under the warranty due to poor aerodynamics or a slow heating stove. But there may be significant mechanical disadvantages ( frequent breakdowns, because of which it is impossible to use the machine at the time you need).
Car dealership employees rarely agree voluntarily to return a car of inadequate quality. They try to write off all the shortcomings on you, like you don't know how to drive, don't follow the car, etc. They offer warranty repairs (very often at your expense), refer to certain clauses of the sales contract. In general, every way they try to circumvent the provisions of the law on consumer rights.
In order to make a return faulty car back to the salon, while saving time and nerves, it is necessary to consult with specialists in advance.
Contact lawyers through feedback on our website and get the opinion of competent legal experts absolutely free.
You can return a machine of inadequate quality back to the seller if defects are found within a certain period of time established by law. For example, in the first 14 days, the money for the car can be returned, even if your windows only does not work. Well, or exchange it for another, the same brand, but without a manufacturing defect. But after the expiration of this period, the procedure for returning a low-quality car, taking into account the warranty, is much more complicated and unpleasant.
In this case, according to the law, the car can be returned to the seller under the following circumstances:
- recognition of the materiality of the defect or the impossibility of its removal (correction, repair) in the process of carrying out a special examination;
- the dealer company was unable to remove the detected defects in due time. The time for correcting parts and mechanisms of inadequate quality should be discussed in advance and fixed in writing and should not exceed 45 days;
- your vehicle has been repaired for a total of more than thirty days in a full year. This can be a one-time repair for a period of more than one month or fifteen repairs in a year for two days. The main thing is that you could not use the car for more than 30 days during the year due to its inadequate quality. The basis will be all documents confirming the presence of your vehicle in service. Keep all documentation and strictly follow the seals and signatures on employees of repair organizations;
- return of the machine is possible in case of repeated correction of the same malfunction;
- also, the car dealership is obliged to take its goods back if it hid the flaws in the car in advance.
Keep in mind that if your situation matches one of the above elements, the supplier has no right to refuse a car of inadequate quality.
But it may require you to return the difference between the market and actual value of the car. So, it is not legal even if the car has a presentation. A few more words about the appraisal examination. It is carried out at the expense of the dealer. If you are not satisfied with the results of the check, feel free to go to court. It is difficult to figure out such situations on your own. Contact the lawyers on our website, and we will walk this thorny path together with you.
Features of the return of the car on credit
Consumer law states that when a poor-quality product is returned to the seller, the creditor is obliged to return the funds taken on credit. In addition to this, your expenses, which were put on the registration of a loan account, should also return. The only loss for you will be the interest payments. Overpayment is rarely recognized by the judiciary as damage resulting from the purchase of substandard goods. After all the calculations, be sure to take a certificate from the bank stating that all relations with them are over and there are no complaints against you. Another little advice, even if your car has become unusable through the fault of the manufacturer, do not stop monthly payments to the bank until the whole situation is officially resolved in a legal manner. Otherwise, the court may side with the bank and you will lose everything.
Even if you decide that you do not fall within the scope of reasons for returning the car back to the car dealership, or you simply cannot prove that the detected malfunctions are significant, and you really need to return the car, contact our specialists.
There would be a product, but there is a reason. Lawyers thoroughly know every nuance of this issue and will provide all possible assistance in solving your problems. Also, when communicating with employees of the dealer company, pay attention to their manner of speaking. They are obliged to comply with the law on a voluntary basis. And rudeness, rudeness and impudence are punished with a ruble in court.
Procedure
To get started, write a statement addressed to the head of the car dealership where you bought the car. Bring it to the salon, give it to the manager. At the same time, make sure that an incoming number is assigned to it and the date of acceptance is affixed. With the same manager, discuss the time period during which the problem will be resolved and all your requirements will be met (which fit into the legal framework, of course). If you refuse to accept your application, do not leave the salon until you receive it in writing. This will be the basis for filing a legal claim.
In your application, you must clearly and in detail describe the problem you encountered and your proposal for a solution. It is advisable to support each of your demands with appropriate legislative norms, so as not to be unfounded.
Usually, the management of the salon tries not to bring such conflicts to court proceedings. They will try to solve everything peacefully, offering you various options. But they will most likely consider the solutions that are least beneficial to you. If you are confident in your position, stick with your opinion to the last. Don't settle for dealer handouts.
Remember that in case of car loans, the salon must cancel the deal and return you the full value of the car, from which you will already pay off the balance of the debt in the bank. Competent legal advice will help you more quickly and efficiently resolve the misunderstanding between you and the salon. Contact experienced lawyers on our website and get full advice on all issues of interest to you completely free of charge.
There are hundreds of reasons why a car owner can be disappointed in a purchased car.
Behind the visual appeal of a car, there may be factory defects, which are called marriage.
What to do in such a case? Can I return a car to a car dealership? We will answer these questions further.
The first thing to understand for yourself: the fact that the car has ceased to please is not enough to hand it over to the dealer.
According to Art. 25 p. 1 of the Law "On Protection of Consumer Rights", the car can be returned within 14 days in case of defects. Even a minor, insignificant breakdown allows you to return the vehicle within the specified period.
The consumer has the right to withdraw from the car purchase agreement and demand from the dealer:
- full refund of the amount;
- replacement of goods with an identical one (of the same brand, model, etc.) with a recalculation of the cost.
If more time has passed after purchasing a car, then it will be much more difficult to hand it over.
There can be only 3 reasons for a late return:
- The car has a significant flaw that cannot be eliminated.
- Violated statutory terms of elimination of defects.
- During the warranty period, the machine could not be used for 30 cumulative days due to repeated repairs of various faults.
Each reason is proved in its own way, but the order of solving the problem will always be the same.
Now the question arises: what does "significant disadvantage" mean? For 2020, such defects are recognized as defects that cannot be eliminated, or their elimination will require significant costs.
At the same time, the dealer decides in each specific case whether it is possible to equate a defect with a significant defect. And if the seller insists that there are no grounds for refunding the money, then the consumer has only one way out - to prove through the court that the disadvantage is significant.
As for the second reason, everything is simpler here: if the dealer could not eliminate the malfunction within 45 days, then he must take the car back to the salon or agree to other conditions stated by the buyer.
No excuses will help him to sort out the situation in favor of the car dealership. Whether there were any spare parts, or whether the mechanic was on vacation, it does not matter at all. Didn't meet in a month and a half - please, return the full cost of the car.
And if the contract initially stipulates a shorter repair period, for example, 25 days, then exceeding this period already gives the right to demand the return of the vehicle.
Pay attention to the terms of car repair under warranty specified in the contract... Your right is to demand that the defect be corrected within the specified period or demand a refund of the full cost of the car.
And immediately fill out a written claim in 2 copies: give one to the dealer, and on the second ask him to put a mark on the date of receipt. An oral claim will be difficult to prove in court.
In order to prove the third reason for the return, the consumer must record each breakdown and the time of the repair. If in the aggregate the repair period reaches 30 days, then the salon is obliged to respond to the consumer's claim and return the cost of the car.
Otherwise, the client has every reason to go to court, and in the event of a decision in his favor, the consumer may receive a much larger amount as moral and material damage than the cost of the car.
Returning a car of inadequate quality to a car dealership
There are 3 temporary situations when you can exchange a car or demand a refund for it:
- within 14 days from the date of purchase;
- within the warranty period;
- after a guarantee until the end of the service life.
If, during this period, the consumer has discovered an unrecoverable defect or malfunction in the car, which requires large financial and time costs, then the first thing to do is to submit a written claim to the car dealership.
Then you should wait for a response within 3 days. Most often, dealers initially refuse the client, trying to convince him of his innocence in the breakdown. Refunds for a sold car or its exchange are not beneficial for the salon, which explains such a reaction.
In this case, the consumer documents the breakdown and submits the dispute to the courts.
It is advisable to conduct an independent examination before the trial, then the chances of getting money in full, as the court practice shows, increase almost to the maximum.
Return of a car during the warranty period
Each new car sold in a car dealership is accompanied by a warranty card, which indicates the timing of the elimination of the breakdown.
If during this period the breakdown is not eliminated, then again a written claim should be submitted to the name of the dealer. In case of refusal, which is most often the case, the dispute is referred to the court.
In order to win the trial, you need to provide as much evidence as possible. It is especially important to first conduct an independent examination, which will identify the breakdown and determine the degree of damage.
In cases where the dealership does not have an exchange fund, the consumer's requirements are met by returning the full value of the goods.
Judicial practice shows that after the end of the warranty period, the vehicle can be returned to the car dealership. It's just that not all consumers own the rules of the law.
If, within 2 years after the end of the warranty, the car owner found a defect in the car due to the fault of the manufacturer, you must first contact the manufacturer or an official representative, and then present requirements to the dealer.
As practice shows, the manufacturer in this case often meets the consumer halfway than the seller, who almost always refuses due to the end of the warranty.
If it was not possible to resolve the dispute, the consumer's path is still the same - to the court.
Procedure for resolving a dispute with a car dealer
In order to exchange a low-quality car or receive a refund for it, the consumer needs to go through several stages:
- Submitting a written claim to the dealer.
- Expertise.
- Trial.
- Execution of the court decision.
The written claim must be structured in such a way that, if the dealer refuses, the consumer has every reason to file a claim.
The claim text must include:
- consumer and dealer data;
- date of purchase of the car;
- make and license plate;
- description of the detected defect;
- legislative rationale;
- consumer requirements.
The essence of the claim must be stated succinctly and strictly, always with reference to the law. A correctly drawn up claim takes no more than 1 A4 page.
You can submit a claim in person or send it by mail, courier delivery service.
Note! If you are filing a claim in person, then ask to put on your copy:
- company stamp;
- the signature of the receiving employee;
- date;
- incoming number.
In case of refusal, send by mail a valuable letter with an inventory and notification of receipt. In the text of the inventory, write how many and what documents you send.
This will help in the future to avoid refusal, allegedly due to the absence of any document. Notification is needed to indicate the timing of the consideration of claims.
The claim must be accompanied by:
- contract of sale;
- registration certificate for the car.
In a claim, you have the right to raise the question of an examination with the dealer... This requirement must be satisfied within 3 days.
If the defect is confirmed, you can proceed to the issue of car exchange or refund.
The expert is paid for by the dealer. However, if the defect is not confirmed, the consumer is obliged to reimburse the cost of the examination. So it is better to order the expertise yourself.
You will have to pay for it, but if a defect is found, the payment can be included in the losses that the car dealership is obliged to reimburse. With your choice of an Expert Advisor, the probability of a correct conclusion increases significantly.
If within 10 days the dealer does not satisfy the consumer's claim about the exchange of a car of inadequate quality or a refund, he will have to pay a penalty in the amount of 1% of the value of the vehicle.
If the claim is not satisfied, then file a claim in court. Before that, you should obtain a written refusal from the dealer, or at least get evidence that you tried to request such a refusal.
A statement of claim is drawn up in much the same way as a claim... But here it is already possible to describe the situation in more detail by including the story of the dealer's refusal to satisfy the claim.
To make a legal decision, a forensic auto-technical examination will first be appointed. The court is always based on the conclusions of a forensic expert, not a pre-trial expert.
It is advisable to indicate in the claim a third party - the manufacturer (official representative)... It is this fact that can play a decisive role, since the manufacturer is not interested in undermining its reputation and, most likely, will offer to sign a peace agreement and will not bring the case to court.
In a court case, the plaintiff always asks for a forfeit that will cover all his costs. Sometimes a forfeit helps punish an unscrupulous dealer. Next time, the seller will think twice about whether to deny the consumer a claim.
After making a decision, you must contact a car dealership. If the dealer still refuses to exchange or return money for the car, then the next step is to contact the bailiffs, who will certainly force the car dealership to comply with the court's decision.
If the exchange is not possible, then the amount that you paid upon purchase is subject to refund.... Sometimes dealers go for gimmicks and try to lower the cost by referencing the lifespan of the car, but this is illegal.
Moreover, if the price of a car of the same make and model rises, you can ask for a refund of the cost of the car at the current moment.
If a car is bought on credit, then it is at the same time a collateral.
In this case, the bank is involved in the dispute, which will be interested in helping the client. After all, the loss of the collateral is not profitable for the bank.
Before the trial, you send a claim to a car dealership, and during the trial, you need to involve a banking organization as a third party.
Until a decision is made, there is no need to stop loan payments... Firstly, all the same, these contributions will remain with you until the case is closed, in addition, you will also have to pay off fines.
In addition, the bank will only help a responsible and conscientious payer.
Fines for early termination of the loan, as well as various commissions and interest on the loan that you paid, but did not use the car during the dispute, can be imposed on a car dealership.
How to get a deposit back for a car bought at a car dealership?
When making a deposit for the car, the car dealership is obliged to provide the buyer with an agreement in which this fact will be spelled out and the amount paid is indicated.
In this case, the deposit will be refunded along with the principal amount that the dealer will refund for the car. The amount of the deposit must be indicated in the claim, and then in the lawsuit.
The car dealership has the right to refuse to provide warranty repairs, refunds for a car or its exchange in the following cases:
- with unreasonable use of the vehicle;
- in the event of an accident or natural disaster;
- when using the services of services that do not work with the car dealership;
- if the breakdown happened due to the fault of the buyer.
So, it is quite possible to resolve the issue with a low-quality car bought at a car dealership. It is only important to know the rights of consumers and to act correctly in such a situation.
