How to return a car to a car dealership under warranty

How to return a car to the dealership

In a metropolis you can’t do without a car, some strive for speed and want to be on time everywhere, for some it’s a matter of prestige, others need comfort and coziness. Buying a car is a long-term and expensive purchase. We spend a long time choosing a make and model, visiting car dealerships and official dealers, reading the Internet, consulting with experts, and often applying for a loan. Therefore, it is extremely unpleasant when the quality of a new car does not correspond to reality. At the same time, car dealers are often in no hurry to eliminate the identified deficiencies, and sometimes this is impossible.

Under what conditions can you return money for a purchased car?

In accordance with the Law on the Protection of Consumer Rights, when defects are identified, if they are not specified in the contract, within 14 days from the date of receipt of the car (not sale), following the day of transfer of the vehicle. You have the right to return the new car to the dealership and demand a refund. In addition, you have the right to demand an exchange for a similar car, but in good working order. You have the right to replace it with another car with recalculation of the cost. In this case, the malfunction may be very minor, for example, the windshield wiper does not work.

• Detection of a significant defect in the car;
• Refusal of warranty repairs;
• Violation of the deadlines for eliminating deficiencies established by the Law on the Protection of Consumer Rights (more than 45 days);
• Inability to use the machine during any year of the warranty period for a total of more than 30 days due to repeated elimination of its various deficiencies.

Significant defects of the car in which you can return the warranty car to the dealer.

In accordance with the Law “On the Protection of Consumer Rights”, significant deficiencies include irreparable deficiencies or deficiencies that cannot be eliminated without disproportionate costs or time, or are detected repeatedly, or appear again after their elimination, or other similar deficiencies.
In other words, if the same defect in your car repeatedly appears after repairs, or if the car constantly breaks down its various components, you can return the low-quality car to the seller. If your car is under warranty repair for a long time, you have the right to return the car to the car dealer.
If your car has, for example, a serious malfunction in the engine or gearbox.
You have the right to return the faulty vehicle to the dealership. If your car was under repair for a long time during each year of the warranty period due to repeated elimination of its various deficiencies. You have the right to return the car under warranty.

How and whether it is possible to return a car to a car dealership under warranty.

Sales of new cars are constantly growing, and there are more and more service stations, which means there will be more and more refusals of warranty repairs and delays in their terms. What should you do? This is not your problem and we will prove it to the car dealer.

Our lawyers, on your instructions, will submit a written request to the seller to terminate the purchase and sale agreement and demand:

• Refund of the amount of money paid for the car;
• Payment of fines, penalties for non-use of the car during repairs, etc.;
• Compensation for the difference between the price of the car established by the contract and the price of the corresponding car at the time of fulfillment of this requirement;
• Refund of interest paid on the loan and fees for providing a loan to compensate for moral damage caused as a result of purchasing a car of inadequate quality;
• Compensation for costs of legal services.

After this, the seller is obliged to voluntarily comply with the above requirements within 10 days.
If the car dealership refuses to voluntarily comply with the requirement, you have the right to sue. But from the 11th day from the date of issuing the demand, the salon pays you a penalty (penalty) in the amount of one percent of the price of the car for each day of delay, and this is regardless of whether the decision is made in court or in pre-trial proceedings. At the same time, you must understand that in relation to a warranty car, in the event of a disagreement, the seller is obliged to prove that the malfunction occurred through your fault or the fault of third parties. In practice, if it is not proven that you are guilty, then your claim will be satisfied. And we will return the defective car to the car dealer, and you will receive enough money to buy a new car. If it was not possible to return a car of inadequate quality in a pre-trial manner, a claim is filed. If the court decision is positive, the salon will pay you the entire amount of the main claim stated in the claim plus one percent of the penalty on the price of the car for each day of delay starting from the 11th day after the claim was made, plus compensation for legal expenses, including payment for a representative in court, plus 50 percent fine. In addition, you have the right to claim a refund of funds paid on the loan (including interest on the loan and issuance fees), reimbursement of the price of additional equipment including installation, reimbursement of the cost of insurance policies, etc.

For each repair call, request an official receipt, work order, or written explanation or other document. If you refuse warranty repairs, request a written refusal. After carrying out the work, demand that all work and replacement of units be recorded in writing and only in writing, signed and sealed.

It should be remembered that the car dealer uses the services of qualified lawyers who know how to protect the interests of the seller and make the buyer guilty. You can protect your interests on your own and be left without money, or you can use the help of our specialists who will take care of your worries and return your money to you.

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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The car is under warranty: can it be returned to the dealership?

Car owners are often disappointed in their purchases, and there are many reasons for this. One of the most common reasons is manufacturing defects, which are also called defects. But how to act when such situations arise? Let's take a closer look.

Regulation at the legislative level

To return a car, it is not enough to simply say that you no longer like it. There is Article 18 in the Consumer Protection Law. It states that equipment can be returned within a maximum of 14 days if defects are found.

Even minor damage detected by the consumer can be grounds for a return. The consumer may withdraw from a previously concluded purchase agreement.

Then the right to present the following requirements arises:

1. Replacement of goods with an identical analogue, with recalculation of cost.
2. Full refund.

It is much more difficult to hand over a vehicle if more than 14 days have passed since the purchase.

There are only three legal grounds for a late return:

• Detection of a significant deficiency.
• Violation of deadlines for eliminating the defect, which are established by law.
• Repeated elimination of defects did not allow us to dispose of the transport in full for 30 days or more.

Each basis has its own list of documents that can be used as evidence. But the problem is solved by using the standard order in most cases.

Is it possible to return a car under warranty if you don't like it? Answer in video:

For 2018, “significant deficiencies” are those defects that cannot be eliminated. Or when working with which additional serious expenses will be required.

The dealers themselves have an obligation to accept the car back to the dealership if it takes more than 45 days to eliminate the defect. Or you need to accept other conditions set by the buyer.

In such cases, the situation is rarely resolved in favor of the car dealership. The same rule applies when the contract initially sets a shorter period for troubleshooting. Therefore, you need to study the agreement in advance and see what specific terms for warranty repairs are indicated in this document.

It is recommended to submit the claim in two copies. One is handed over to the dealer himself, and on the second one marks the acceptance of documents for consideration. A sample claim can be downloaded below.

Oral claims are also acceptable, but they are the most difficult to use as evidence. It is recommended to record each breakdown, the time of its elimination and occurrence.

Terms for returning cars of inadequate quality to the dealership

In total, there are 3 temporary situations that allow you to exchange transport or demand compensation for its cost.

• After the warranty, but before the end of its service life.
• Within the scope of the vehicle warranty.
• Within 14 days after purchase.

Within 14 days

Filing a written complaint to the salon is the first step that the buyer must take. Especially when a breakdown is discovered, the elimination of which will require too much investment in time or money.

You must wait a maximum of ten days for a response after sending the document. At first, many dealers refuse to satisfy the request and try to prove that they have nothing to do with the breakdown.

After this, you can go to court if the previous steps did not lead to results. The best option is to conduct an independent examination before the start of court hearings. Then the chances of receiving compensation are much greater.

Warranty period

A warranty card must accompany every new car sold through a car dealership. It is in this document that it is indicated how long the breakdowns must be repaired. If this period of time is not observed, then a claim must be filed, as in the previous case.

Return the car to the dealership if it is in good condition. Photo: myshared.ru

If refused, the dispute is referred to the court. The more evidence the buyer has, the greater the chances of obtaining a decision in his favor. Independent examination becomes an indispensable element of this process.

If the warranty period has expired

According to established practice, even after the warranty repair period has expired, it is easy to return the vehicle. But not all consumers have the knowledge about regulatory regulation to competently organize this process.

What is a recycling program and how to return a car under it? Find out here.

Compared to sellers, manufacturers are much more willing to cooperate. If pre-trial settlement fails, all that remains is to turn to higher authorities.

Resolving disputes with dealers: description of the procedure

The consumer needs to go through several stages to competently resolve his issue:

1. Submitting a claim to the dealer using a written form.
2. Conducting an independent examination.
3. Trial.
4. Monitoring the execution of court proceedings.

About conducting examinations and filing claims

The claim must be structured in such a way that the consumer has real grounds for filing a claim in the event of refusal by the dealer.

What should be included in such documents:

• Contact and personal details of each interested party.
• The time when the vehicle was purchased.
• Description of the brand, state number.
• Description of the defect identified by the buyer.
• Indication of legislation.
• The requirement itself is from the consumer.

How to return a car with defects to the dealership? Watch the video:

The main thing is that the essence of the complaint is clear. Therefore, its presentation should be strict and concise. If the claim is drawn up correctly, it takes no more than one standard A4 page. The document is sent in person or by registered mail.

The applicant’s copy must include the following information if a specific personal transfer is intended:

1. Outgoing documentation number.
2. Date of.
3. Signature of the employee responsible for reception.
4. Stamp from the company.

Then the second party will not be able to refuse due to the fact that any of the documents were missing. The complaint may describe an issue related to the conduct of the examination.

Such demands must be satisfied within ten days, no more. The dealer usually pays for the expert's work. But it’s better to look into resolving this issue yourself.

Regarding the return of cars purchased on credit

Typically, cars purchased under a loan agreement also become collateral. Then the bank providing the relevant services has the right to participate in the dispute. After all, it is not profitable for a credit institution to lose collateral.

Before legal proceedings, a standard written complaint is sent to the salon. During this process, the bank becomes a third party in interest that the plaintiff can involve. There is no need to refuse loan payments at such moments, even if the final decision has not yet been made.

How to get a car loan from a bank and what is needed for this? More details at the link.

After all, the debt still remains with the client until the case is finally closed. And if you refuse to make payments, you will have to face penalties.

About failures and possible reasons

If at least one of the following grounds is present, the car dealership has the right to refuse both warranty repairs and compensation:

1. The buyer is at fault for what happened.
2. Using services that do not cooperate with the salon.
3. Accident, natural disaster.
4. Unreasonable use of transport.

Scheme for returning a car to the dealership. Photo: myshared.ru

Conclusion

It is difficult to seek justice on your own when resolving such issues, but nothing is impossible. It is recommended to seek the help of professional lawyers who agree to accompany the entire process, from beginning to end.

They are able to take into account all the nuances characteristic of a particular situation. And they will ensure that the buyer extracts the maximum benefit from what is happening. The main thing is not to forget about the correct execution of all accompanying documents. The presence of even one error can lead to serious negative consequences.

How to return a car to the dealership under warranty?

The buyer of the car and its seller, who works as an official dealer or other business entity that sells cars, enter into a car purchase and sale agreement, which can be canceled in cases provided for by law. That is, the buyer has legal options to return the car to the dealership. Let's consider under what conditions he can do this.

Is it legal to return the car to the dealership?

Is it possible and how can I return a new car under warranty to the car dealership? Let's consider this issue sequentially. The first nuance that interests us is the legality of such a return.

A car is, by all accounts, an unusual product, however, it is subject to classification according to the general rules established by federal legislation. Thus, Russian Government Decree No. 924 dated November 10, 2011 classifies cars as technically complex goods. Their specificity is that they are not subject to unconditional return within the period established by law - as is the case with many household items that are not technically complex.

Cars, as technically complex products, are subject to return - within the current warranty period, in accordance with the following two main scenarios:

1. When no more than 15 days have passed since the date of purchase.

In this case, a return is possible if defects are found in the car that were not specified by the seller when concluding the contract.

1. When more than 15 days have passed since the date of purchase.

In this case, a refund is possible:

• if significant deficiencies are detected in the vehicle;
• if the car dealer undertook to eliminate the defects, but violated the deadlines established by law for their elimination;
• if the car dealer took the car for repair and kept it there for 30 days or more during the year.

If more than 15 days have passed since the purchase of the car, and the defect that it contains is, by all indications, not significant, then the buyer has the right to demand from the seller, if he did not say anything at the stage of concluding the contract about the presence of a subsequently discovered defect:

1. reduce the price of the car proportionately;
2. eliminate defects free of charge;
3. reimburse the buyer's expenses for repairing the car.

Thus, you can return the car to the dealership under warranty without any problems if the return is carried out according to the first scenario - within 15 days after purchasing the car. The main condition is the presence of any flaws in its design. It doesn't matter whether they are significant or not.

In turn, identifying significant deficiencies as a condition for return under the second scenario is a more difficult task. There may also be certain nuances in establishing the length of time the car is under repair - another possible criterion, subject to which the law allows the car to be returned to the dealer.

What disadvantage is considered significant?

The basic definition of a significant defect in a technically complex product is given in federal legislation. Such a defect is a breakdown, defect or other violation of the integrity of the design of the product, which:

• cannot be eliminated without incurring costs and time that do not make economic sense;
• are detected repeatedly;
• appear after elimination has been carried out once;
• correspond to a serious breakdown in essence.

To establish the materiality of the deficiency, in most cases an examination is appointed. At the same time, its main purpose is not even to classify the defect (in many cases its significance is simply obvious), but to establish that the defect appeared due to the fault of the seller or manufacturer, and not the car owner.

In accordance with the law, examination within the framework of the warranty is carried out free of charge for the car owner. In addition, he may be present during it. The results of the examination are in any case contestable in court. If the examination shows that the buyer is to blame for the appearance of defects, then he will be obliged to compensate the cost of this examination.

How to determine how long a car needs to be repaired?

Another controversial criterion is the establishment of the period for which the car is to be repaired. If it exceeds 30 days during the year, then the buyer has the right to demand a refund from the dealership for the car.

As judicial practice shows, in this period, car dealers tend not to include the periods of transporting the car to the place of repair (and other periods that are not directly related to direct repair operations - for example, the time the car is in line for diagnostics). The Supreme Court, in its rulings, considers such actions of car dealerships to be unfounded.

Thus, the indicated 30 days must include the entire period from the moment the owner handed the car to the salon for repairs until the moment he received the car back. It does not matter what kind of operations with the car were performed during this period.

Let us now consider exactly what actions a car owner needs to take to return a low-quality car to the dealership.

How to return a car to a car dealership: procedure

To return a car to a car dealership under warranty, if the reasons discussed above exist, the car owner must:

1. Make a written claim to the car dealership justifying your intentions to return the car.
2. If there is no response to the complaint, request written explanations of the current situation.
3. If there is no response to requests, as well as if the content of the answers is unsatisfactory, initiate an examination.
4. Repeat the application to the car dealership, attaching copies of the examination results - perhaps they will become an additional argument in encouraging the seller to do something.
5. If there is no response to a new claim with the results of the examination or if the content of the response is unsatisfactory, initiate an appeal to the court.

A claim is filed against the car dealer, supplemented with the necessary documents. The results of the examination and other arguments of the parties will be considered at the trial. The main condition for winning a case for a car owner is the validity and consistency of proving their own claims against the car dealership.

The procedure for returning a car to a car dealership under warranty in 2019

Knowing the procedure for returning a car to a car dealership under warranty in 2019, you can eliminate the possibility of receiving a refusal from the seller and, if necessary, protect your interests in a judicial authority.

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Purchasing a vehicle may not always bring joy to the owner. If a defect is discovered during operation, the owner is faced with the question of how to return the car to the dealership if it was purchased under warranty.

Situations in which the seller voluntarily takes back the car rarely happen in everyday life, which is why you need to know the existing features and procedure.

Only thanks to this can we eliminate the possibility of a failure due to the age of the car under warranty.

General points

Before you begin to consider the procedure for returning a car, it is initially recommended that you familiarize yourself with basic theoretical information. Thanks to this, you can significantly increase the chances of success in this procedure.

Acceptable Reasons

You can return a car with a warranty in the following cases:

The process and procedure for returning money for a purchased new car by the buyer implies adequate ways to resolve a conflict situation, which is why there is no need to delve into the legal side of the issue in detail.

At the same time, you need to know exactly what documents need to be prepared and the generally accepted mechanism of action.

What documents need to be prepared?

It is possible to return a vehicle of inadequate quality if you personally come to the dealership, taking with you the documents that were issued earlier during the transaction, namely:

During the visit, the seller is notified of the detected defect, and for this reason, appropriate demands are made.

According to Russian law, buyers have the right to one of the following measures:

• making an exchange for a similar vehicle, but without any defects;
• exchanging a car for another model, but with recalculation of the cost;
• carrying out repair work at the expense of the car dealership;
• reimbursement of funds paid.

You need to know about this in order to defend your interests with the seller if necessary.

Returning a car to a car dealership under warranty in Russia

The process of returning a vehicle to a car dealership entails the need to study numerous features that you need to know about in order to eliminate the likelihood of various conflict situations arising. Let's take a closer look at them.

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Procedure

The procedure for returning a purchased car to the seller must begin with the formation of a written claim.

This means a statement that includes:

• full name of the auto center, including its location address;
• full information, location address and contact details of the buyer;
• date of conclusion of the car purchase transaction;
• number, size, color, year of manufacture of the vehicle, as well as body and engine numbers;
  series and number of the technical passport;
• the purchase price of the car and the type of payment - non-cash or cash;
• a detailed description of the identified defects;
• a detailed list of requirements - return of the vehicle to the dealer at full cost,
• calculating compensation for funds that were paid for repairs, and so on.

The application must necessarily include references to the legislative framework of the Russian Federation, in particular the Civil Code and Federal Law No. 2300-1 “On the Protection of Consumer Rights”.

The completed claim must be accompanied by the documentation package listed above.

Based on the generated request, over the next 3 days the seller examines the submitted application and schedules an independent examination.

The cost of the examination must be paid by the buyer if the identified deficiencies indicated in the application are not confirmed.

It is necessary to pay attention to the fact that the vehicle is a large product, which is why payment for delivery for the examination falls on the shoulders of the seller.

If an independent qualified expert confirms the buyer’s requirements, the dealer, in turn, is obliged to:

To be able to take part in the examination, it is necessary to fill out a request document, on the basis of which a day will be assigned to initiate the examination.

A sample application for an independent auto technical examination can be downloaded from the link here.

During the examination, a qualified expert draws up a report in which he displays the shortcomings of the vehicle discovered during the examination, as well as the full cost of eliminating them.

The generated conclusion is mandatory documentation for the auto center, since on its basis the seller satisfies the request or makes a decision to refuse.

In case of illegal refusal of satisfaction, the seller can be held administratively liable in the form of a fine of up to 50% of the cost of the car.

If they disagree with the decision, buyers reserve the right to appeal to a judicial authority with an appropriate statement of claim.

Money transfers

The dealer must satisfy the demands of its consumer regarding the return of the cost of the purchased vehicle to reimburse the costs associated with eliminating identified defects or reducing the price of the car within 10 calendar days from the date of the application.

Video: returning a car

It is necessary to pay attention to the fact that if during the established period the dealer, for his own reasons, does not satisfy the buyer’s demands for a refund for poor quality, then he will be charged a penalty, the amount of which is set at 1% of the price of the vehicle.

What to do if the price of the car has gone up?

According to Russian legislation, there is a legal right to demand from the seller:

• return in full the amount paid for the car, without taking into account the level of wear and tear;
• replace the vehicle with another one.

The cost is determined based on the current cost of a similar brand. If the vehicle has become more expensive over the period of operation, the buyer can expect to receive a larger amount back if returned under warranty.

For your information, according to the legislation of the Russian Federation, the seller does not have the right to refuse even if the payment receipt is lost.

Please note that if you purchase a car, it is recommended to keep the receipt for the next few weeks.

This is largely due to minimizing the risks of various conflict situations in the future.

In addition, when returning the car, it must be clean and free of chips, scratches, dirt, and so on.

Nuances for a vehicle purchased on credit

If a vehicle is returned with identified deficiencies, the auto center undertakes to not only accept the goods back, but also to return the down payment.

The seller must pay the remaining balance to the lender himself.

In the event of a car breakdown several months after purchase and at the same time repaying part of the loan, the banking institution must compensate for the payments, without taking into account the accrued interest rates.

If the buyer and his lawyer sued the dealer, and the decision was in their favor, then only the cost of the vehicle, as well as legal costs and expenses, are refundable.

Please note: accrued interest is non-refundable. When filing a corresponding claim with the seller, it is necessary to simultaneously notify the personal creditor of the possible termination of the loan agreement.

Additionally, you must attach documentary evidence of monthly payments. This is grounds for terminating the loan agreement.

Arbitrage practice

As long-term judicial practice shows, any non-compliance with the conditions that are reflected in the signed agreement can be considered as vehicle defects.

For example, the order was for a car with automatic window lifts and heated seats, but in fact the buyer received something completely different.

In practice, there are situations where deficiencies are identified in vehicles that are not regulated by the content of the contract, technical standards or manufacturer’s specifications.

For example, an expensive foreign car has vibration that is transmitted to the gear lever.

Despite the fact that the defect is minor, it causes some discomfort to the owner

The warranty service has repeatedly tried to eliminate this deficiency, but this did not lead to a positive outcome.

Ultimately, the dealer explained to the buyer that this was not a drawback at all, but a design feature of the vehicle.

In this case, an independent examination was able to protect the interests of the buyer, which, through comparison with similar cars, determined that the existing vibration was an isolated case.

The Law on Technical Regulation, on the basis of which GOST requirements are mandatory for the manufacturer exclusively in the area of ​​product safety, is also considered a significant problem in the issue of protecting the personal interests of the buyer.

Other quality criteria are considered only recommended. In most cases, this position is used by lawyers to protect the interests of the dealer.

As an example, we can consider an example of a low-quality paint coating identified. The plaintiff, using the opinions of qualified experts as confirmation of personal claims, insists that the coating does not meet the established GOST standards.

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At the same time, representatives of the dealer stated that its use is not considered mandatory, which is why this fact has nothing to do with defects.

It must be remembered that paperwork that is directly related to the return of a vehicle under warranty is rightfully considered complex and lengthy.

During the trial, it is necessary not only to deliver a competent speech, but also to collect an impressive evidence base.

If you try to independently resolve such an issue in court, there is a high probability that your claims will be rejected.

Finally, we can say that in the event of litigation, it is impossible to defend personal interests without a qualified lawyer.

At the same time, you need to try with all your might to resolve the issue peacefully, since the duration of court proceedings can reach a year.

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

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