Returning a car of inadequate quality

Poor quality goods can be returned to the seller, in accordance with the Federal Law “On the Protection of Consumer Rights”. Returning different categories of goods has its own characteristics and differences. Thus, cars are classified as technically complex goods, which can be returned to the car dealer after purchase only if significant deficiencies are discovered. How to return a purchased car to a car dealership, this issue will be discussed further.

Is it possible to return the car to the dealership?

Returning a car after purchase to a car dealership is allowed only in two cases:

within 15 days after delivery of the car;
during the warranty period or the specified service life of the machine by the manufacturer.

In the first case, you can refuse the purchase and return the money or exchange for another car by contacting the seller within 14 days from the date of purchase. In this case, the seller must accept the car in any case. For this type of return, it is necessary to indicate the reason why the buyer is not satisfied with the car. The reason may be any significant or insignificant deficiency. You can refer to any faulty mechanism or small defect. As a rule, if the buyer managed to meet these deadlines, then there are no problems with a refund or exchange.

Important! If the car has a significant defect, the buyer has the right to demand free repairs or recalculate the cost of the car taking into account the defect. The remaining amount is returned to the client.

In the second case, it is more difficult to make an exchange or return. Each manufacturer sets a warranty period for its products; if this parameter is not specified, then it is customary to take 10 years from the date of purchase. In addition, the car dealership is obliged to provide warranty repairs for a specified period; the terms may vary: 1, 3, 4, 5 years. In any case, if a defect of a non-operational nature is discovered, that is, if a defect occurred during the assembly of the car structure, then the car dealer is obliged to refer the consumer to a service center where warranty repairs will be made. The procedure for returning a car after 14 days is possible in the following cases:

If, after the examination, a defect is discovered that is classified as a significant defect and which cannot be eliminated, it takes too long (more than 45 days) and is expensive (higher or equal to the price of the car) or the breakdown regularly occurs again after repair.
Repair deadlines were violated. The total period of warranty repairs cannot exceed 45 days. The date of transfer of the car must be recorded in the work order. If the authorized service center to which the seller sent the car owner does not fix the breakdown within the specified period, then the buyer can demand a refund for the purchase.
If the total repair time under warranty for a year exceeds 30 days, then it is possible to apply to cancel the purchase and sale transaction. By law, a car can be returned if the car cannot be used for more than 30 days a year due to breakdowns.

Important! If a significant defect is discovered during the warranty period, the car can be returned to the dealership; after this period, the buyer will be redirected to an authorized person of the manufacturer or importer. The manufacturer can also eliminate the defect within 20 days, after which a return must occur.

Returning the car to the dealer

We have all at one time or another faced the need to return a defective product to the seller. We even got money back for shoes that fell apart, or a watch that stopped, or a sofa that fell apart on the third day. But for some reason they didn’t even think about the fact that a car that had completely stalled three months or even a year after purchase could also be returned to the auto shop. And not only to return the money spent on the purchase in full, but also in some cases to receive additional benefits. On our website, in various sections, the legal reasons for which you can return a car to the dealership are discussed in sufficient detail. Here we will talk about real practice.

How to return a car to the dealership in practice?

And practice shows that among attempts to return a low-quality car to different sellers, the easiest way is often to return the car to the dealer - the official representative of the car brand. On the one hand, the dealer, as a commercial organization, is interested in making a profit, and not at all in paying money back to the buyer - even for a low-quality car. But he has a certain relationship with the vendor, participates in promotions and marketing programs, and receives technical support and discounts. In order not to lose these good relations in the future, it is sometimes more profitable for him to agree with the legitimate demands of a dissatisfied buyer, accept the faulty car, and pay the money. Demonstrating that the manufacturer takes care of the consumer in any circumstances. It is also possible to replace the car with a dealer. How to return a car to a dealer? The algorithm of actions for returning a new car to the dealership is described in detail in the corresponding section of the site. If you bought your car from a small reseller - a reseller - there is almost no chance of getting your money back even in the first 15 days after receiving the goods without a trial. But a dealer who cares not only about his reputation, but also about the reputation of the brand he is promoting, can sometimes meet you halfway. And in order to get your money back, you will only need to correctly file a claim. There may be nuances here, if only because the seller has the right to refuse you if the claim is made without taking into account all the legal requirements. Therefore, before taking the first steps to return funds, it would be a good idea to consult with an experienced legal specialist.

It is more difficult to return a car if you have driven it for more than half a month. At this point, the dealer will do his best to resist the return acceptance of a low-quality car, and prove that the significant shortcomings that you refer to arose through your fault. If only because he does not want to return the entire cost of the new car, while the product itself has lost a number of its consumer properties (appearance, durability, etc.) during use and has dropped significantly in price.

At best, he will persuade you to have your car repaired under warranty. Remember that you still have the right to receive money for the returned goods in full - in cases established by the Consumer Protection Law.

Moreover, returning a car to a car dealership is also possible if you purchase a vehicle from the dealership that has previously been in use and whose warranty period has expired. However, this requires that your rights be defended by competent lawyers who have experience in handling similar cases in court. Contact us and you will always receive qualified assistance.

How to return a car to a car dealership under warranty

Without explanation, you can return the car under warranty, possibly only within 14 days from the date of purchase. In other cases, a significant deficiency must be identified. Significant disadvantages include faults that cannot be corrected or the repair period and its cost are irrational. For example, if a detected defect can be eliminated, but the cost of original spare parts is equivalent to the cost of the car, then the consumer can demand a refund.

Significant disadvantages also include several types of malfunctions, due to which the car constantly breaks down. It should be noted that the car seller will always try to prove that this malfunction is not a manufacturing defect. To avoid problems, it is better to use the services of lawyers and do an independent auto examination.

How to return a car to the dealership under warranty? To return a car under warranty, the consumer must submit an application to an authorized person at the car dealership where the purchase and sale transaction took place. The application must be accepted for consideration and a decision date set. The seller is given 10 days to fulfill voluntary requirements, after which a penalty of 1% of the cost of the car is charged for each day of delay.

In case of refusal to comply with the requirements before the trial, the seller will be fined 50% of the cost of the car. When filing a lawsuit, the consumer may demand compensation for moral damages and reimbursement of all material costs, including credit and insurance costs. Plus, the legal entity will be required to pay all accrued fines.

How to return a car to the dealership with faults

A defective vehicle can be returned during the entire warranty period. By default, you can return the car within 14 days after delivery to the car owner. In other cases, you need to pay attention to the warranty period. The warranty period may vary from 1 to 5 years. Moreover, each new car comes with a two-year warranty, during which repairs should be free. Thus, even if the salon provides a 1-year warranty, the consumer has the legal right to use warranty repairs for another year.

Returning the car to the seller to an individual. Find out how to get your money back for buying a car here.

For information about returning a car under warranty, please follow the link:

Is it possible to return the car to the dealership if faults are found? In order to return the car, you need to send a corresponding application to the salon with the stated claims. It is advisable to attach copies of evidentiary documents to the application, for example, a repair work order. You can submit your application in person or by registered mail. For the court, you need to have evidence that the application was sent, this could be a delivery notice or a copy of the application signed by the salon management.

Within the specified period, the seller must respond to the application. Inspection of the car, data verification and examination must be carried out at the expense of the seller, otherwise these costs will be reimbursed through the court. If there is no response to the application within 10 days or an unfounded refusal is issued, then the issue will be resolved only in court.

Is it possible to return a car purchased on credit to the dealership?

A loan car can also be taken to a car dealership. Refunds are subject to the same conditions as for full payment for the car. The dealer is obliged to transfer the entire amount along with interest, and you transfer it to the bank. The latter, in turn, removes the mark on the deposit, gives the title, after which you hand the car back to the store.

The law also allows for a vehicle with legal problems to be returned to the dealership. Such cars, unfortunately, are also often found in dealerships. For example, at the beginning of 2021, one of the Moscow dealers sold a Hyundai Creta to a woman, who was listed as collateral. The problem only became apparent after a month of use.

To save yourself from unnecessary problems, lawyers advise carefully checking the history of the car, even if you buy it from a good car dealership. Run the car through the databases and make sure that your future iron horse is completely clean and will not let you down.

Here's an example: the fourth Optima is sold for almost a million rubles. The manager of the car dealership said that the car was in perfect condition, not damaged, the oil and brake pads had been changed.

We check the car through avtocod.ru and immediately see that the car is damaged.

The accident occurred in April 2021.

There is no diagram of the damage, but from the calculations of the repair work it becomes clear that the impact fell on the front part.

The bumper, radiator grille, and hood were replaced. In total, restoration costs ranged from 112,658 to 119,628 rubles.

The Optima actually had a technical inspection. At the same time, the car's mileage decreased.

It’s not pleasant to find out about problems after the purchase. If you are planning to return the car, but the seller does not cooperate, you will only be able to get your money back through the courts. Additionally, you can recover money for moral damages.

Also read: 8 most common mistakes when buying a car

How to return a loan car to a car dealership

According to the Federal Law “On the Protection of Consumer Rights,” a car purchased on credit is also subject to return according to the general rules. How to return a loan car to a car dealership? The return procedure follows the generally established procedure.

The only thing that needs to be resolved are issues with the bank itself. Firstly, the procedure for returning a car may take a long time, and monthly payments along with the loan must be paid regularly, otherwise fines will be imposed. If, upon purchase, part of the amount was paid in advance, and the second part on credit, then the deposit must be returned to the person in cash, and the rest of the amount is transferred to the bank. Accordingly, if a person has already managed to repay several payments, then the bank reimburses this amount to the client, but without taking into account interest.

When terminating the purchase and sale agreement, you must take a document confirming that the transaction is cancelled. You will also need to get a certificate from the bank stating that the loan is closed. Interest on a loan, as a rule, is not reimbursed even through the court, although these expenses are also associated with the purchase of a car. If the car dealership refuses to terminate the purchase and sale transaction, then all that remains is to file a claim in court. In case of refusal, the seller will incur a fine of 50% of the cost of the car.

The client will have to pay the loan even if the case goes to court. The transaction will be terminated only after a court decision and the fulfillment of all legal requirements by the responsible party.

Sample statement of claim for termination of a car purchase and sale agreement

In the Verkh-Isetsky District Court of Ekaterinburg, Ekaterinburg, st. Malysheva, 2 B

Plaintiff:

Respondent:

Limited Liability Company

Statement of claim

on the collection of funds under a car purchase and sale agreement

Between me and the LLC, a purchase and sale agreement No. 82/14 was concluded for a FORD Ford FOCUS car worth 480,000 rubles. Cash in the amount of 480,000 rubles as payment for the car was transferred to the seller at the time of conclusion of the specified agreement.

After purchasing the car, during the diagnostics, significant defects were identified:

The automatic transmission housing is broken (needs replacement),
steering rack replacement, broken housing, oil leak,
replacement of all SDC anthers,
replacing front brake discs,
replacing the engine block,
replacement of attachment belts,
the headlights are screwed on with self-tapping screws,
replacement of spark plugs with cleaning of fuel injectors, throttle valve,
malfunction of the electrical cooling fan control circuit,
malfunction of the output amplifier stage or the fan electrical circuit,
malfunction of the alternator load input circuit,
break or short circuit of the electrical monitoring circuit,
IMRC output signal is incorrect.

When concluding the purchase and sale agreement, the seller did not inform me about the listed defects of the vehicle. With these deficiencies, it is impossible to safely drive the specified vehicle. Due to the identified deficiencies of the car, the repair of which is technically complex and time-consuming, I sent a claim to the defendant asking for a refund.

In accordance with Part 1 of Article 1005 of the Civil Code of the Russian Federation, under an agency agreement, one party (agent) undertakes, for a fee, to perform legal and other actions on behalf of the other party (principal) on its own behalf, but at the expense of the principal, or on behalf and at the expense of the principal. Under a transaction made by an agent with a third party on his own behalf and at the expense of the principal, the agent acquires rights and becomes obligated, even if the principal was named in the transaction or entered into direct relations with the third party for the execution of the transaction. Having analyzed the agency agreement, we can come to the conclusion that, in fact, a relationship has developed between the parties under a commission agreement.

By virtue of clause 1, 3 tbsp. 990 of the Civil Code of the Russian Federation, under a commission agreement, one party (the commission agent) undertakes, on behalf of the other party (the principal), for a fee, to carry out one or more transactions on its own behalf, but at the expense of the principal. Under a transaction made by a commission agent with a third party, the commission agent acquires rights and becomes obligated, even if the principal was named in the transaction or entered into direct relations with the third party for the execution of the transaction. The law and other legal acts may provide for the specifics of certain types of commission agreements.

The buyer has the right to refuse to fulfill the sales contract and demand a refund of the amount paid for the goods. In this case, the buyer, at the request of the commission agent and at the expense of the commission agent, must return the goods with defects.

USEFUL: watch the video and find out why it is better to draw up any sample claim or complaint with our lawyer, write a question in the comments of the video, subscribe to the YouTube channel

In accordance with Article 450 of the Civil Code of the Russian Federation, amendment and termination of the contract are possible by agreement of the parties. At the request of one of the parties, the contract can be changed or terminated by a court decision only: 1) in the event of a significant violation of the contract by the other party; 2) in other cases provided for by this Code, other laws or agreement. A violation of the contract by one of the parties is considered significant, which entails such damage for the other party that it is significantly deprived of what it had the right to count on when concluding the contract.

In the event of a unilateral refusal to fulfill the contract in whole or in part, when such refusal is permitted by law or by agreement of the parties, the contract is considered respectively terminated or modified.

Also, Article 18 of Law N 2300-1 “On the Protection of Consumer Rights” establishes that after the expiration of the 15-day period, the requirements specified in the article must be satisfied in one of the following cases:

detection of a significant defect in the product;
violation of the deadlines established by this Law for eliminating product defects;
the impossibility of using the product during each year of the warranty period in total for more than thirty days due to repeated elimination of its various deficiencies.

I also believe that I suffered moral harm. I estimate moral damage at 100,000 rubles.

I believe that in my favor a fine must also be collected from the defendant due to his failure to voluntarily comply with the consumer’s requirements.

Since the defects of the car are significant and arose before the car was handed over to me, therefore, I consider it possible to refuse to fulfill the sales contract and demand a refund of the amount paid for the goods.

Based on the aforesaid and guided by Article. Art. 450, 431, 990, 1005 of the Civil Code of the Russian Federation, Article 18 of the Law of the Russian Federation of February 7, 1992 N 2300-1 “On the Protection of Consumer Rights”, paragraph 29 of the Rules for Commission Trade in Non-Food Products

ASK:

terminate the purchase and sale agreement dated June 27, 2014, concluded between me and LLC No. 82/14 of the FORD Ford FOCUS car worth 480,000 rubles;
to recover from the Defendants in my favor the amount paid for the car in the amount of 480,000 rubles jointly and severally.
to recover from the Defendants in my favor compensation for moral damage in the amount of 100,000 rubles jointly and severally.
to recover proportionately from the Defendants in my favor legal costs in the amount of 4,000 rubles.
recover from the Defendants in my favor a fine in the amount of 50% of the amount of the stated claims.

Date, signature

Attention: watch a video on the topic - how to protect your consumer rights, and also subscribe to our YouTube channel so as not to miss useful information and the opportunity to consult a lawyer for free:

How to return a deposit for a car at a car dealership

Very often, a deposit or advance is used as a kind of guarantee for a transaction. Deposit and advance are slightly different concepts.

Advance payment is the first payment for a car; if an advance payment is left, the buyer writes a receipt for the purpose for which it was left. How to return an advance payment for a car at a car dealership? This is not difficult; as a rule, a legal entity or individual can return the advance at the buyer’s request at any time. An advance is a kind of reservation that is made so that the car is not sold to another buyer, most often made in transactions between private individuals.

A deposit is a contribution that is made when concluding a contract for the purchase and sale of a car. A deposit is given, for example, if the buyer takes the desired model to order, accordingly the deposit is a guarantee of the transaction. How to return a deposit for a car at a car dealership, this question has nuances. If a deposit is left, then in this case a purchase and sale transaction appears. Accordingly, an additional supply agreement is concluded, which stipulates deadlines and penalties for delay.

If the seller does not fulfill its obligations on time, then the buyer has the right to demand the return of the deposit plus payment of the agreed penalty under the contract. In controversial situations, when the dealer does not want to return the funds, all issues are resolved in court.