How to return a car of inadequate quality to the seller

Is it possible to return a car of poor quality to the seller? How to do it right!

Today, for most people, a car has become a necessary thing in their daily life. But there are situations when a purchased car constantly breaks down, and significant shortcomings are revealed during operation.

Here the question arises: how should a consumer behave, how to return a car of inadequate quality to the seller? Let's look at typical situations and options for solving them.

Legislative regulation of the return of a car of inadequate quality

This issue is regulated by the Law “On Protection of Consumer Rights” (Chapter 2).

However, it is worth understanding that a vehicle is a technically complex product (Resolution of the Government of the Russian Federation No. 924 of November 10, 2011). For this reason, there are specifics when submitting a request for a refund or exchange.

In what situations can you return a car to the seller?

It is worth understanding that in order to return a car to a car dealership or dealer, the latter must have a significant flaw. The law defines a significant deficiency as:

• a deficiency that cannot be eliminated;
• Elimination requires disproportionate financial (time) costs:
• a deficiency that reappears after it has been eliminated.

In other cases, for example, if the car is fully operational, but you are no longer happy with its color, body, etc. it will not be possible to return it.

If there are defects or significant shortcomings in the purchased car, the consumer has the right to demand:

• replacing the car with a similar one;
• proportionate reduction in cost;
• Refunds;
• reimbursement of expenses for eliminating defects in the car.

Procedure for returning a faulty vehicle

Let's look at how to return a car to a dealer or a car dealership if hidden defects are discovered in it that make it difficult or impossible to operate.

Submitting a claim to the seller in writing, attaching documents confirming the presence of a significant defect. Such documents include an expert opinion on the presence of a significant deficiency. If the car has already been repaired under warranty repairs, and the defect appears again, documents confirming the fact that repair work was carried out earlier are attached.

The claim can be submitted to the seller in person. It is imperative that the representative of the car dealership (dealer) signs on it that it was accepted and puts the date of application. If the seller refuses to accept the claim, it must be sent by mail with acknowledgment of receipt.

If the seller demands the return of a car of inadequate quality, this requirement must be fulfilled. Satisfaction of the requirements must be carried out within 10 days after its transfer to the seller.

Separately, it is worth mentioning the proof of the presence of faults in the car. You need to be prepared for the fact that you will have to prove this directly to the consumer (find an examination, pay for it). If the expert confirms the existence of significant deficiencies, then, by a court decision, he will be obliged to reimburse you for the costs incurred.

If for certain reasons the problem of returning a car of inadequate quality cannot be resolved amicably with the seller, the only option is to file a claim in court.

Video: how to return a low-quality car to the seller.

Terms for returning a car of inadequate quality

The most pressing issue is how long it takes to return the car to the seller. Let's look at the norms of current legislation.

The Law “On the Protection of Consumer Rights” determines the possibility of returning low-quality goods within 15 days from the date of purchase. If during operation you discover serious violations during this period, you must immediately go to the car showroom (dealer) with a complaint.

If the period of 15 days is exceeded, an examination will be required before filing a claim and its results will be provided to the seller.

How to return a car of poor quality if it was purchased on credit

Today, car loans have become available to almost any person, so their number is steadily growing every year. Unfortunately, buying a car is not always a pleasant experience. Operational problems are identified and significant defects are found. In such a situation, the question of how to return a credit car to the bank is extremely relevant?

It is worth understanding that the bank does not need your vehicle. He needs to get his money back. For this reason, the first thing you will need is a document confirming the cancellation of the car purchase and sale transaction. In such a situation, the seller will return the money directly to the bank as the lender.

If the car was purchased partially from your own savings using credit funds, the money will be transferred in proportion to your account and bank.

If such a document does not exist and is not expected, you can offer the bank the option of selling the car and then repaying the debt. Remember, when selling a car that is pledged, you must have the bank's permission.

In other cases, if you stop paying your debts, the bank employees will simply sell your car at a reduced price.

What if the car is used?

Let's figure out whether it is possible to return a used car to the seller.

If the car was purchased at a dealership (legal entity or individual entrepreneur), then the norms of the same law “On the Protection of Consumer Rights” apply to its return. That is, it can be returned only if there are significant deficiencies.

If the car was purchased from an individual, then the situation is more complicated. Naturally, there are no two-week return periods here. The chance of getting your hard-earned money back is slim. It all depends on how the purchase/sale agreement was drawn up. In such cases, the provisions of Art. 475 of the Civil Code of the Russian Federation.

If the seller does not agree to return the money for the sold car, the only option is to go to court.

Returning the car to the seller to an individual

Purchasing used cars is becoming increasingly common. Many people consider this a great way to save money, or even make a quick, profitable purchase. However, when the car you want turns out to be not as good as the previous owner imagined it to be, trouble can arise. Is it possible to return the car in this case? Read – returning a used car to the seller to an individual.

Is it possible to return a used car to an individual?

When you buy a car, you make plans for how you will use it. But what if it suddenly breaks? You haven’t had time to use it at all, and now there’s such a nuisance. You are almost sure that the car was faulty when you bought it. However, having tried to drive it, you did not see the hidden defect. Are there high chances of getting your money back?

Even if the car breaks down on the day you buy it, there are no laws that say you have the right to return it. After all, purchasing a car from a private person who is not an official legal association entails the termination of the consumer protection law. This means that our usual rule of returning goods within a two-week period is not relevant.

And yet there is hope to return the car to the owner, and return your hard-earned money to yourself. To do this, it is extremely important that certain conditions are met:

• when making a transaction, the purchase and sale agreement must have been drawn up correctly;
• In such complex cases, the presence of a competent lawyer is mandatory.

You can also return the car if you are lucky enough to encounter an honest owner. Although this is rare, he may still agree to return your money and take the car back. However, in most cases, the previous owners strive to have as little contact with the buyer as possible in order to avoid such requests.

Features of drawing up a purchase and sale agreement and possible difficulties

The outcome of the process of returning the car to the previous owner largely depends on how correctly the primary documents were filled out. What should you focus on? It is important to read the entire document and take your time. A purchase and sale agreement in your case is a chance to protect yourself from low-quality goods and an opportunity to restore justice in the future.

How to properly draft a claim to go to court? In order for the contract to be declared invalid, you will have to prove to the court that the seller misled you by providing false information about the condition of the purchased car. In this case, the actions of the guilty seller will be assessed by the court as an administrative violation.

However, it's not all that simple. The main problem with such court cases is that the person purchasing the car had it inspected and had the opportunity to assess the condition of the vehicle. The court may question why the buyer did not bother to check the car before concluding the transaction? What are the chances of a positive outcome?

1. Don't think that this matter will be resolved quickly.
   As a rule, such proceedings sometimes take months. The minimum period for making a decision in such cases is about six months.
2. Without an experienced lawyer, the chances of winning are almost zero.
   It is important that the lawyer with whom you begin cooperation has already dealt with such cases many times. After all, in the courtroom, most likely, you will have to communicate with representatives of companies involved in assessing the condition of cars. It's never easy.
3. If the contract is drawn up incorrectly, there is practically no chance.
   For example, if the text of the contract contained a clause stating that an inspection had been carried out and that there were no claims on the part of the buyer, any legal action would not yield results.

In order for the court to take your side, you must provide evidence that the car became faulty even before you purchased it. This will require an expert opinion, as well as any other documents that may indicate that you were deceived by the seller.

What to expect if the court takes your side

So, thanks to your patience and the knowledge of the lawyer, you were able to convince the judge that a defect in the car existed before the purchase, and the seller deliberately hid this fact from you. What can you count on in this case? There are several options for further development of the situation. You can demand:

• full refund and refuse the purchase;
• reduction in the cost of goods due to discovered deficiencies;
• repair of the breakdown at the expense of the previous owner;
• compensation for the money you spent on repairing faults.

In some cases, experienced lawyers even managed to get the dishonest buyer to provide the goods that were described in the contract.

Read about returning your car to the dealer here.

The process of returning a purchased car from an individual

The process of returning a car to its previous owner always requires a lot of time, effort and knowledge. In order to avoid many problems, always re-read the contract before certifying it with your signature.

What can influence the court's opinion regarding whether your claim is granted? The point is that you have inspected the car for technical condition and have no complaints. If such a section is present in your document, then contact the service center to have the purchased car inspected by a specialist.

It is extremely difficult to independently return a car purchased from a private person. Therefore, the help of our lawyers will be most welcome.

Some people think that you can return a car purchased from a private person if it is still under warranty at the dealer. However, this is a misconception. The purchase agreement establishes the relationship between the new seller and the buyer. Therefore, the new owner cannot return the car to the dealer.

Practical tips for returning a car

In order for you to have a chance to get your money back in the event of a problem car, we can advise you to be extremely careful and attentive when purchasing. Pay special attention to the documents you receive.

1. Re-read the purchase and sale agreement, first checking the accuracy of all the data entered into it, including data about the car and the previous owner. This is the main document that will be required from you by the car registration authorities.
2. Check the car's license plates and marks in the technical passport.
3. Check the cars at the traffic police, the registration certificate of which has the “Duplicate” mark.
4. Be careful with cars that have stickers on their registration certificates. This may indicate that the vehicle has undergone forensic examination for some reason. It is advisable to refrain from purchasing such a car.
5. Ask the previous owner for information about the repairs performed and relevant documents.
6. Always keep receipts, complaints, and claims. Make photocopies of documents.

All these precautions will help you not only in the event of an unfavorable transaction to get it canceled, but also not to find yourself in an unpleasant situation at all.

Video: returning a used car to an individual seller

To see clearly how a car is returned, we recommend watching the video on our website.

Returning the car under warranty

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

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

A new car can be returned under warranty if defects are discovered a certain time after purchasing the car.
First of all, it depends on the service life. This is time that begins to tick not from the moment you buy the car, but from the moment it is handed over to you. According to the law on the protection of consumer rights, if a defect is discovered within 14 days following the day of delivery of the vehicle, the reason for termination of the purchase and sale agreement can be absolutely any defect, even if it is a window regulator. The seller does not have the right to refuse, even if you apply for a replacement of the defective car with another model.

• The examination confirms that the deficiency is significant or cannot be technically eliminated;
• The dealer did not meet the pre-agreed deadline and was unable to correct the defects. The deadlines must be reflected in writing and cannot exceed 45 days. Lack of spare parts or materials cannot be a legal basis for its extension;
• The car was under warranty repair for a total of more than 30 days a year, and it did not matter at all how many times the repair was performed. If the repair was carried out ten times for three days, then you have the right to return it. The basis is documents confirming what work was performed and what spare parts were used during the repair. You confirm with the application that the vehicle was submitted for warranty repair. In the application, you clearly and clearly record your requirements, then the seller’s representative must stamp it. If a car dealership demands compensation for the difference between the sale price and the current value, keep in mind that this is not legal, even if the car has lost its marketable appearance;
• You can return the car if the same defect appears more than once during the warranty period;
• If the car store hid information about all consumer defects of the car before the purchase and sale agreement was concluded.

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

The procedure for returning money for a car of inadequate quality to the car dealership or seller.

First of all, you submit your appeal in writing, where you clearly and correctly state the situation. You take this application to the salon, where the manager or supervisor accepts it, registers it and signs it. The time frame for eliminating the current situation is also specified here. If your application is denied, request the denial in writing, indicating the reason for the denial, or send this letter by mail.

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

If the car is on credit, then after returning the car to the dealer or auto center, you should request a document confirming that this purchase and sale transaction is cancelled. The salon returns the money for the low-quality car to the buyer, after which he pays off the balance of the loan.

The procedure for returning a car to the dealership, purchased on credit, in accordance with the law on the protection of consumer rights.

According to the Law “On the Protection of Consumer Rights”, the lender is obliged to repay the loan. As well as payment of the compensation that you paid for the loan. In this case, the irrecoverable loss remains the interest on the loan that was paid during the period of using the loan. According to judicial practice, interest is not always accepted as losses incurred by the client as a result of purchasing goods of inadequate quality. You must obtain a certificate from the bank confirming the closure of the loan agreement and that the bank has no claims against you.

A person who does not have experience and knowledge believes that none of the cases listed above applies to him, but believe the experience of a specialist - “if only there was a car, there would always be a reason to return a low-quality car to the seller.”
Sometimes all it takes is the desire of the car owner and a little persistence in following the recommendations of legal advice. Our specialists know all the intricacies of this issue, and can apply them with positive results and great benefit for you.

If you encounter problems with returning a warranty vehicle to a car dealership or an official dealer, contacting our company, you will always receive professional assistance in resolving problematic issues.

Returning a used car to a car dealership

Purchasing a new car at a car dealership does not guarantee that the consumer will not have problems with the quality of the product. It happens that during operation defects and malfunctions appear that do not allow full use of the vehicle. The optimal solution would be to return the used car to the dealer. In the article we will consider whether it is possible to return a car to a car dealership, what grounds for return are provided by law, how to return a car and what to do if the dealer refuses to accept the goods.

Is it legal to return a used car to a car dealership?

A car is a technically complex product, so special rules for returns and exchanges are established for it.

Reasons for returning a car within 14 days

If any defects are found in the vehicle, the buyer has the right to return it to the dealership within 15 days after purchase. The car owner can optionally ask the dealer:

• replacing the product with a similar one in good condition;
• return of money for the car with termination of the purchase and sale agreement.

The presence of insignificant mileage on a car does not deprive the consumer of the right to return the item to the seller. All that matters is the fact that defects are detected.

If the product is in good condition, the car dealership has the right to refuse the buyer, since the car is included in the list of products that cannot be returned (Government Decree No. 55 of January 19, 1998).

Example 1. Arsenyev I.A. I purchased a UAZ UAZ-374195 car at a car dealership. On the first day after the purchase, shortcomings were identified: the gear did not shift well, the front left door was difficult to close, the rear door could not be locked with the key, the car did not accelerate over 90 km/h. The buyer submitted the vehicle for diagnostics, as a result of which it was determined that the rear door opening handle lock was broken, the gear shift mechanism was not developed, the internal combustion engine air intake was blocked by the interior insulation, and the power steering pump and clutch master cylinder needed to be replaced. A claim was sent to the dealer demanding that the contract be terminated and the money returned. The consumer was refused, so he was forced to go to court. Since the deficiencies were discovered within 15 days, the court satisfied the requirements (Appeal ruling of the Sverdlovsk Regional Court dated April 23, 2019 in case No. 33-6341/2019).

In what cases can you return a car after 15 days?

After the 15 day period, the buyer has the right to make claims only in serious cases. He may demand a refund if:

• During operation, significant defects were identified;
• the dealer violated the deadline for eliminating defects;
• the machine was repaired for more than 30 days over 12 months, which created obstacles to using the equipment for its intended purpose.

The claim must be filed within the warranty period. If the warranty period is not specified, it is 2 years. In the event of a malfunction discovered after the end of the warranty period, the consumer also has the right to demand elimination of the defects. It will be necessary to prove that it arose through the fault of the manufacturer.

Example 2. Astafiev N.V. filed a lawsuit against Jaguar Land Rover LLC. Indicated that he purchased a Land Rover Range Rover SV Autobiography from a dealer. During the operation of the car, he repeatedly contacted the service center to troubleshoot problems. In total, the vehicle was under warranty repair for 57 days. Having returned the car for repairs once again, the plaintiff filed a claim for termination of the purchase and sale agreement and a refund of money. The defendant refused to satisfy the demands.

During the trial, an examination was carried out, which confirmed the manufacturing defect. The court decided to terminate the contract and return N.V. Astafieva. money paid for the car. Also, a penalty, compensation for moral damage and a fine were recovered from the defendant (Appeal ruling of the St. Petersburg City Court dated 03/07/2019 in case No. 4466/2019).

How to return a used car back to the dealership?

To return a faulty used car, you must write a claim addressed to the head of the car dealership. Then an examination of the quality of the vehicle is carried out.

How to write a complaint?

Before filing a claim, you need to come to the car dealership and try to agree on correcting the defects in warranty service. If employees delay repairs, a written statement should be made. The text must indicate:

• name of the seller, his location and contacts;
• Full name of the consumer, his address and telephone number;
• date and number of the contract;
• list of detected defects;
• demand to return money;
• date and signature.

Also, the car owner has the right to ask the seller to pay a penalty for the time during which the car is in service.

The following must be attached to the application:

• identification;
• contract of sale;
• check;
• service book;
• work order.

After receiving a claim regarding the quality of the product, the dealer must conduct an independent examination at his own expense.

How to conduct an examination?

The car dealership organizes an examination immediately after receiving the vehicle for repair.

The research is carried out in several stages:

1. The car is inspected with photos and videos of defects.
2. The expert assesses the volume and severity of the identified deficiencies.
3. The cost of restoration repairs is calculated.
4. A report is drawn up.

If serious (irreparable) deficiencies are detected, restoration repairs are not carried out. The dealer must return the money and terminate the contract.

If the machine is subject to repair, the period of work should not exceed 45 days. If this period is violated, the consumer has the right to refuse repairs and demand a refund.

What to do if the dealer refuses to return it?

If the dealer refuses the claim or ignores the appeal, the car owner has the right to defend his interests in court. You will need to draw up a statement of claim, collect evidence and take part in the trial.

To increase your chances of success, it is advisable to seek help from a qualified lawyer. He will help prepare documents and speak on behalf of the attorney at the court hearing. If necessary, the lawyer will organize a forensic examination.

In addition to the court, Rospotrebnadzor deals with issues of consumer rights protection. To organize an inspection against a dealer, you must file a complaint against him. Department employees request the missing documentation and carry out verification activities at the location of the car dealership.

If violations are detected, an order is sent to the seller with a requirement to restore the consumer’s rights within a specific period. If the dealer does not fulfill his obligations, he will be held administratively liable.

Legal assistance when returning a car to a car dealership

Car dealerships often refuse to return a used car. Many car owners have to defend their interests through the courts. We recommend that you engage a qualified consumer protection lawyer at the stage of filing claims against the seller. It will help you avoid mistakes and help you get your money back without bringing the matter to trial.

If you need the help of an experienced defense lawyer, contact the specialists on our website. Write to a lawyer in the chat on the right or call by phone for a free consultation.

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Went for a ride and returned

Everyone knows that a car that often breaks down or has significant deficiencies has been identified can be returned. But the conditions under which this can be done are not always clear even to judges. To bring court decisions to a common denominator, the Supreme Court, in its review of judicial practice, cited several similar cases as illustrative examples.

So, a certain citizen A. bought a car. However, within 15 days the machine was found to have shortcomings. Then he turned to the car dealership with a demand to either exchange his car for a quality one, or terminate the sales contract and return the money. However, the car dealership refused to meet him halfway.

The car owner went to court. The court of first instance ordered an automotive technical examination, which identified some of these deficiencies and established that they were a consequence of the production assembly of the car.

The court decided the case in favor of the car owner. But the appellate court thought differently. She referred to the fact that some of the shortcomings were not identified by experts, and those that were identified were eliminated. In addition, the court considered these shortcomings to be insignificant and not interfering with the normal operation of the car.

However, the Supreme Court did not agree with this conclusion. He pointed out that, according to Article 18 of the law on the protection of consumer rights, within 15 days from the moment the car is handed over to the buyer, he has the right to demand its replacement or refuse to execute the sales contract and demand a refund of the money paid.

It doesn’t matter how significant the car’s shortcomings were. The main thing is to have time to file a claim within 15 days.

A significant or insignificant defect must be established if the buyer requests a replacement of the machine or termination of the contract after these 15 days.

Thus, the consumer rights protection society went to court in the interests of citizen N. She bought a car that constantly broke down. She was unable to use the machine for more than 30 days during each year of the two-year warranty period. And once the repairs took more than 45 days. And according to the consumer protection law, this is the maximum period for eliminating deficiencies.

However, the court of first instance, and then the appellate court, rejected the woman’s claim against the car dealership.

They calculated that during the first year of the warranty she could not use the car for only 27 days. For some reason, the courts did not include the three-day period for delivery of the car by tow truck to the service station, as well as the three-day waiting period for the return of the repaired car, to this period.

As for the second warranty year, the courts found that the woman twice independently contacted a service center in Norway, which is not included in the list of centers authorized to repair cars sold by the defendant.

However, the Supreme Court did not agree with this and indicated that the period for delivery of the car to the service and the period for the buyer to travel to the service to pick up the car included in the period during which the buyer could not use the product due to the elimination of its deficiencies.

Also, the Supreme Court did not agree that car repairs at a service center in a foreign country are not taken into account when deciding whether to terminate the contract.

After all, according to this agreement, the client is provided with an international warranty for the car.

The Supreme Court recalled that termination of the purchase and sale agreement is possible in the presence of a combination of the following circumstances: inability to use the car for more than 30 days during at least one year of warranty; impossibility of use due to repeated repairs; and elimination of various product defects during repairs.

Therefore, he overturned the decisions of the lower courts and remanded the case for a new trial.