How to return a car to a private seller

Legal services in Kursk - Lawyer O.N. Umerenkov

Lawyer Umerenkov Oleg Nikolaevich

Is it possible to return a used car (car) purchased second-hand?

QUESTION: I bought a used car second-hand from an individual under a sales contract. Some time after purchasing the car, it broke down. Upon subsequent inspection, other shortcomings were revealed that the seller did not mention. Is it possible to return a used car (car) purchased second-hand back to the seller and demand a refund or collect money from him for repairing the car?

ANSWER: It is immediately necessary to note the following: the Law of the Russian Federation “On the Protection of Consumer Rights” does not apply to transactions concluded between individuals.
This law applies only to transactions in which one party (buyer) is an individual purchasing a car for personal use, and the second (seller) is a legal entity or individual entrepreneur. Therefore, the buyer’s demands for compensation for moral damages, penalties and fines cannot be satisfied. Relations between individuals regarding the purchase and sale of cars are regulated by the Civil Code of the Russian Federation.
Thus, in accordance with paragraphs 1 and 2 of Article 469 of the Civil Code of the Russian Federation, the seller is obliged to transfer to the buyer goods, the quality of which corresponds to the purchase and sale agreement.
If there are no conditions in the sales contract regarding the quality of the goods, the seller is obliged to transfer to the buyer goods suitable for the purposes for which goods of this kind are usually used. Based on this article, the quality of the car must meet the requirements specified in the sales contract.
Often the seller and buyer do not specify all the defects that are present in the car and do not reflect them in the contract. In this case, the vehicle must be suitable for the purpose for which it is used. According to clause 1 of Article 470 of the Civil Code of the Russian Federation, the goods that the seller is obliged to transfer to the buyer must comply with the requirements provided for in Article 469 of this Code at the time of transfer to the buyer, unless another moment for determining the conformity of the goods with these requirements is not provided for in the sales contract, and within within a reasonable period of time must be suitable for the purposes for which goods of that kind are normally used.
These provisions provide that, unless otherwise agreed by the parties, the vehicle must be roadworthy at the time of delivery to the buyer. Therefore, at the time of handing over the vehicle, the buyer must check the vehicle for any defects and ensure that the vehicle is roadworthy.

Paragraphs 2 and 3 of Article 470 of the Civil Code of the Russian Federation establish that in the case where the purchase and sale agreement provides for the provision by the seller of a guarantee of the quality of the goods, the seller is obliged to transfer to the buyer the goods, which must meet the requirements provided for in Article 469 of this Code, within a certain time established by the agreement (warranty period).
The quality guarantee of the product also applies to all its constituent parts (components), unless otherwise provided by the purchase and sale agreement. From these points it follows that the warranty for the car is provided by the seller only if it is provided for in the purchase and sale agreement.
If this is provided for in the contract, the seller is responsible for defects discovered during the entire period for which he provided the guarantee. By virtue of clause 1 of Article 476 of the Civil Code of the Russian Federation, the seller is responsible for defects in the goods if the buyer proves that the defects in the goods arose before its transfer to the buyer or for reasons that arose before that moment.
This paragraph deals with the distribution of the burden of proof if there is a dispute between the seller and the buyer about the reasons for the occurrence of defects, if the car was not provided with a warranty.
Before or after the transfer of the goods to the buyer, either defects in the goods or the reasons for the appearance of these defects could arise. In this connection, three options can be distinguished: - the defects arose before the goods were transferred to the buyer;
- the causes of the defects arose before the transfer of the goods, but the defects themselves appeared after that;
— the reasons for the appearance of defects in the goods arose after its transfer to the buyer.
As a rule, in contracts for the sale and purchase of used cars concluded between individuals, the parties do not provide for the seller to provide a warranty for the car; therefore, the responsibility to prove the reasons for the occurrence of defects lies with the seller.
In addition, since the car was purchased second-hand, that is, used, therefore, the buyer cannot help but be aware that the car has operational wear and tear, which suggests the possibility of defects.
Thus, it is impossible to return a used car (car) purchased second-hand. This also applies to cases where, at the time of concluding the contract, the buyer identified defects in the car, but the buyer did not have any claims regarding these defects and accepted the car.

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?

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.
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.
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.

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.
Check the car's license plates and marks in the technical passport.
Check the cars at the traffic police, the registration certificate of which has the “Duplicate” mark.
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.
Ask the previous owner for information about the repairs performed and relevant documents.
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.

How to legally return a car to the seller if the former owner is a private person?

Transactions for the purchase and sale of cars between individuals occur quite often. Situations often arise in which the buyer expresses a desire to return the car to the previous owner and receive the money paid back.

This article explains whether the buyer can return the car to the owner, what are the features of terminating transactions related to buying a car second-hand.

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Is it possible to return a car purchased from a private person under a contract?

The return of a purchased vehicle during a transaction between individuals is possible only under certain circumstances. The first thing a buyer can try is to contact the seller directly with a request to cancel the transaction. Although not often, sometimes the seller may voluntarily agree to cancel the result of the transaction and return the buyer’s money.

However, in practice, most often the buyer will be refused . The reason for return may be identified defects of the vehicle during operation, provided that the defects were not previously identified at the stage of signing the purchase and sale document.

If such a clause is specified in the policy

Before contacting the previous owner of the car, it is recommended to carefully study the concluded contract for the purchase and sale of the car and check the document for the presence of a clause on the possibility of return.

If this option is provided for by the terms of the agreement, termination of the agreement by mutual consent of the parties is allowed . However, if, in the presence of this clause, the seller refuses to return, the buyer has the right to go to court for forced termination of the contract.

If the document recording the fact of the sale of the car contains information that the buyer was satisfied with the condition of the car before purchase, the vehicle cannot be returned even through court.

If it's not written down

In this situation, can you get your money back for a car you bought second-hand? If the car purchase and sale agreement does not contain a clause on the possibility of returning the car, it will not be possible to return the car to the previous owner, referring to the agreement.

Provided there is additional information in the contract about the absence of claims in relation to the product, even an expert opinion on the malfunction of the vehicle will not help to terminate the contract. Among other things, the seller may simply refuse to return the amount paid without giving reasons.

If this is prohibited according to the policy

Unfortunately for the buyer, if the purchase and sale agreement contains a clause stating that it is impossible to return the car, most likely it will not be possible to return the money spent and cancel the transaction. In such a situation, the court will side with the seller.

But it is worth noting that if there is a non-return clause in the contract, you can try to challenge the legality of the document in the event of significant malfunctions of the car that were not indicated at the stage of concluding the transaction and are not reflected in the text of the contract.

Read more about how to return a car under a purchase and sale agreement from the buyer in our article.

After purchasing, how can I return the car to the previous owner and get my money back?

Next - about how you can return a car that you bought second-hand. Below is an algorithm of actions when returning a vehicle to the former owner and receiving funds paid during the purchase of a car.

How to formalize an agreement with mutual consent?

The agreement on the return of cars and money does not have a unified form. However, when drawing up this document, certain formalities and features of such documentation must be observed.

The agreement must reflect the following information:

The title of the document is “Agreement on Termination of the Voluntary Contract”.
Date and place of compilation.
Information about the purchase and sale agreement: date of preparation, subject of the transaction.
A clause regarding the end of obligations under the Voluntary Contract after signing the agreement.
Signatures of the parties.

Download the car return agreement form
Download a sample car return agreement

It is recommended to attach the vehicle acceptance certificate to the agreement in order to avoid conflict situations and further claims.

Is it necessary to undergo an examination to fix problems, at whose expense?

If an examination has not been carried out, you can, along with a package of documents, submit a request for a forensic examination of the vehicle to establish the damage described in the claim.

If a forensic examination is ordered, it is paid for by the losing party. There is no need to deposit funds immediately.

How to file a claim against the former owner?

A claim to the seller is drawn up to document the seller’s notification of the desire to terminate the contract. The claim will serve as evidence of the seller's notice in further proceedings.

The procedure for filing a claim involves sending a document by post. The claim can be sent by certified or registered mail with acknowledgment of delivery.

Notice of receipt by the seller of the claim must be retained for future presentation in court. A claim for termination of the contract may be sent to court 30 days from the date of sending the claim.

The claim contains the following information:

Information about the monetary contract: date and subject of the transaction.
Full name and passport details of counterparties.
List of identified problems and malfunctions.
If an examination was carried out by independent specialists, a copy of the conclusion is attached to the claim.
An offer by mutual consent to terminate the contract and return the funds paid during the transaction.
A warning about submitting a claim to judicial authorities if you refuse to terminate the contract by mutual consent.
Date of filing the claim.
Signature.

Download the claim form to the seller for termination of the vehicle contract
Download a sample complaint to the seller about termination of the car’s contractual contract

Going to court if a claim is denied

After the 30-day period for filing a claim against the seller, it is allowed to file a claim in court.

How to file a claim?

In order to competently draw up and submit a statement of claim, you should adhere to the following algorithm:

The statement of claim must contain the following information:

Full name and addresses of the plaintiff and defendant;
information about the circumstances of the case;
service life of the purchased car;
a complete list of faults identified during the period of use of the machine;
damage caused when using a faulty car;
requirement to terminate the contract and return the funds paid for the car;
legal justification of the claim with reference to legal acts;
amount of compensation for moral damage;
claim for payment of legal costs;
date and signature.

Download the form for a statement of claim for termination of a contract for the sale and purchase of a car between individuals
Download a sample statement of claim for termination of a contract for the sale and purchase of a car between individuals

In addition to the statement of claim, the following documents must be submitted to the judicial authority:

A copy of the vehicle's registration document.
A copy of the vehicle acceptance certificate (if one was drawn up).
A copy of the pre-trial claim.
A document confirming the sending of a claim to the seller.

Where to submit?

A package of all documentation, together with the statement of claim, is submitted to the magistrate or district court at the place of residence. If the amount claimed exceeds 50,000 rubles, only the district court can deal with this case.

Payment of state duty

The amount of state duty for claims of a property nature subject to assessment is regulated by Article 333.19 of the Tax Code of the Russian Federation. The amount of the fee for terminating a car purchase and sale agreement can range from 400 to 60,000 rubles, depending on the price of the claim.

How long does it take to process a case?

In accordance with Article 154 of the Code of Civil Procedure of the Russian Federation, civil cases are considered by the court before the expiration of 2 months from the date of filing the statement of claim.

What to do if the court refuses?

If the court renders a negative verdict in relation to the plaintiff, an appeal of the court decision is allowed within 30 days from the date of its announcement . If at an additional hearing in the case a decision is made in favor of the defendant, the return of the car will not be possible.

Is it worth it to return a vehicle purchased second-hand?

Before demanding that the seller return the money paid for the car, it is recommended to assess the extent of the costs of legal services and litigation. Of course, if the case is successful in court, part of the funds will be compensated by the seller, but it is worth understanding that approximately half of the costs will fall on the shoulders of the buyer. Among other things, do not forget about the timing of consideration of the case for the return of the car.

If the total amount of funds that will be returned to the buyer at the end of all activities turns out to be more than the amount spent on repairing faults of the purchased car, you can safely begin the return procedure.

The return of a vehicle purchased secondhand is possible by mutual agreement (depending on the structure of the contract), as well as in court. In order to return the car to the previous owner through the court, it is important to comply with all the formalities associated with drawing up a pre-trial claim and statement of claim. You should carefully identify possible benefits before starting proceedings to return the car to the previous owner.

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How to return a used car to the seller

A car can be purchased either from an official dealer at a car showroom or from an individual in a regular car market.

In the latter case, the purchased vehicle often has defects or shortcomings, which may subsequently cause the used vehicle to be returned. In this article we will look at how a used car is returned to the seller.

Buying a vehicle: methods

Due to certain financial capabilities, citizens choose one of the following ways to purchase a vehicle:

Purchasing a new vehicle (without mileage) at an official dealership;

Purchasing a car in this way is quite expensive, but much more reliable than buying from a private person. So, if your car breaks down, you can easily return it by terminating the sales contract or submitting it for warranty repairs.

Read about how to return your car to the dealership here.

Purchasing a used car from a seller (otherwise referred to as an “individual”) on the car market;

Obviously, buying a used vehicle on the car market is much more profitable financially, but much riskier. It is a common practice when private sellers of used cars deliberately keep silent from the buyer about the presence of serious defects or shortcomings of the vehicle, which as a result leads to the car quickly falling into disrepair. And when returning the car to the seller, the buyer hears that this is not possible.

Read about the features and difficulties of returning a used car to the seller in the next section.

Returning the car to the seller: difficulties

Despite the fact that when buying a car on the car market from an individual, the parties enter into a contract for the sale and purchase of the car, when trying to return it, some difficulties may arise:

The purchase and sale transaction of a vehicle from an unofficial dealer (individual) is not protected by law in any way.

The rights of a buyer who purchased a vehicle from an official dealer at a car dealership are protected by the Law “On the Protection of Consumer Rights” and the Civil Code. Since a motor vehicle is a technically complex product, according to the Law, it is impossible to return it unless it has a significant defect or some kind of manufacturing defect. However, if such a defect is discovered, then, according to current legislation, the buyer can return the car within 14 days or, within the warranty period, take it to a car dealership to eliminate the identified defect.

Buying a car from a seller on the car market does not have specific rules and deadlines for return;

And if, when returning a vehicle to a car dealership, the buyer can adhere to specific terms for return, receive a penalty for days about repair deadlines and other guarantees, then when returning the vehicle to an individual, the buyer does not have such guarantees.

How to make it possible to return a car to the seller?

In order to obtain some guarantees when purchasing a used vehicle from a seller on the car market, about this

The purchase and sale agreement must contain a clause confirming the buyer’s right to return the car to the seller if it becomes unusable due to the discovery of some significant shortcoming or defect, which the seller did not warn about when purchasing the vehicle;

A significant disadvantage is considered to be one the elimination of which is impossible at all, or the elimination of which may result in significant financial losses. In addition, shortcomings that arise again after being repeatedly eliminated in a car service can be considered significant.

Drawing up a technical act;

Subsequently, this will help the buyer prove to the seller (or become material for legal proceedings) that the malfunction that arose was the result of his reticence during the purchase, and not the result of improper operation of the vehicle.

To conclude a car purchase and sale agreement, it is recommended to invite a legal specialist who will once again study all the clauses of the agreement, if necessary, adding or deleting unnecessary conditions;

Do not neglect the advice to use the paid services of a qualified lawyer when concluding an agreement to purchase a used car from an individual. The expenses incurred will eventually pay off, but inappropriate savings may ultimately result in even greater financial losses.

"Pitfalls" of buying a car from an individual

In addition to the lack of required guarantees and legislative support for the purchase and sale of a car from a seller on the car market, purchasing a car from an individual may have the following pitfalls:

The purchased used car may be under arrest by bailiffs;

The used car is secured;

There are often cases when the new owner of a vehicle learns that the purchased vehicle is under collateral only at the time of its return to the seller.

To avoid such an absurd situation, when purchasing a used car from an individual, it is recommended to seek help from a lawyer who will check the car to see if it is under bail or under arrest by the FSSP.

If, after purchasing a vehicle, some banking organization makes claims and rights to it, then in this case you will have to turn to the court for help.

The sold car may be owned by several people, for example, a husband and wife;

If the husband sold the vehicle without the consent of his wife, after which the latter begins to assert her rights to it, then the buyer can also resolve the issue in court, or by seeking advice from an experienced lawyer.

What should be specified in the vehicle purchase and sale agreement?

In order to easily return a faulty car to the individual from whom it was purchased, it is extremely important to adhere to certain rules when drawing up a car purchase and sale agreement. Namely:

In the “header” of the agreement, it is important to indicate not only the details of the parties entering into the agreement, but also their passport details, so that if necessary, you can easily contact them;

The contract must indicate facts proving that the seller is the owner of the vehicle and no one else;

Introducing a clause according to which the buyer has the right to terminate the contract and return the money for the vehicle if certain circumstances arise;

Read more: How to change PTS without the previous owner
Returning a car: procedure

If a car purchased from an individual has become faulty, then the following procedure must be taken:

Organize an independent examination to identify the cause and duration of the vehicle malfunction;

After this, together with the results of the examination, send a notice to the seller, which will set out the requirement to return the money for the vehicle in exchange for its return;

Is it possible to return a used car to the seller: nuances of the contract and going to court

The vehicle is returned to the seller if problems or breakdowns are detected in the operation of the purchased vehicle. When purchasing a car from an official dealer, this opportunity is provided for by the consumer protection law. If the car was purchased second-hand, things are more complicated with its return, because the law on consumer protection does not apply to relationships between individuals.

Nuances of drawing up a contract

In order for the return of the car under the purchase and sale agreement to become possible, it is necessary to take into account some nuances when drawing up and concluding this document:

The header must indicate not only the details of the parties, but also their passport details. This step will make it easy to find the previous owner of the car (seller) if questions or complaints arise.

The seller must include in the body of the document facts proving his right to own the vehicle. When buying a car, it is advisable to check it through the databases of the Federal Bailiff Service - this will eliminate the risk of buying a car that is pledged or under arrest.

Introduce the possibility of returning the car to the seller under certain circumstances. This item will simplify the return of the car if hidden defects are discovered.

Is it possible to return a car purchased from a private person under a contract?

Initially, most sellers refuse to return the vehicle and give the buyer the money paid for the car. Many people justify their refusal to return with the following excuses:

They no longer have the money in their hands; the amount received from the buyer has long been spent.

The buyer saw the condition of the vehicle and also understood that a used car could break down due to wear and tear.

The breakdown occurred due to the fault of the new owner.

If the seller refuses to pick up the car and return the money paid for it, the buyer tries to return it by resorting to current legislation. Much depends on the terms of the policy, so before concluding it, you need to carefully study the document.

If such a clause is specified in the purchase and sale agreement

Sometimes the car’s policy document specifies a certain “warranty period” during which the consumer can return the car. If there is such a clause in the contract, you can issue a return or demand the seller pay for the repair of the breakdown. In this case, it will be necessary to prove that the breakdown was caused not by the actions of the buyer, but by wear and tear of the vehicle or a defect that the seller was silent about.

When purchasing a car secondhand, it is worth requiring information about all existing defects to be included in the sales contract, as well as negotiating a warranty and possible return with the seller.

If there is no return clause

When there is no clause on the possibility of returning the vehicle in the contract, all that remains is to turn to Article 489 of the Civil Code of the Russian Federation. It regulates the order of commodity-money relations between individuals. According to this article, the opportunity to terminate the transaction after purchase will only appear if the breakdown that occurs precludes the possibility of using the vehicle for its intended purpose. For example, if the brake system is damaged or the engine is faulty, but the DCP does not indicate such defects.

In this case, in order to return the car, the former owner will need to prove that he did not know about this breakdown and that it was already in the vehicle at the time of sale.

If prohibited by contract

Sometimes the vehicle purchase and sale agreement stipulates that there is no possibility of returning the used car to the seller. By signing such a document, the buyer automatically agrees that, regardless of the defects of the purchased car and subsequent deficiencies discovered, he has no right to return.

In this case, by turning to a civil court, you can obtain from the seller only the funds necessary to eliminate the breakdown that arose through his fault. To do this, you will have to prove that the breakdown was not specified in the contract, and also that it arose due to the fault of the previous owner (seller).

How to return a car to the seller

Initially, buyers try to make a return without resorting to the help of lawyers, courts and other official organizations. Often the seller does not agree to a settlement and does not want to issue a return. In this case, to return the car you will need to file a formal claim and go to court.

Formalization of the agreement

If the seller is inclined to dialogue, admits his guilt in the breakdown and is ready to return it, it is enough to meet with him and draw up an agreement to terminate the car purchase and sale agreement. If the buyer wishes to keep the car, he has the option not to refuse the purchase and sale agreement. You can agree with the seller that he will pay a sum of money sufficient to eliminate the breakdown.

Expertise to fix problems

An expert assessment when returning is necessary to identify flaws in the operation of the car, as well as to prove in court or in pre-trial settlement that the breakdown is not the buyer’s fault and that it was not due to wear and tear of parts. The examination is paid. Before conducting it, you need to make sure that the expert has official documents confirming his right to issue opinions that the court accepts for consideration regarding the return of the vehicle.

Claim to the previous owner

Before filing a claim, you must send a claim to the previous owner of the car. It is presented in any order, but the passport details of both parties to the transaction, the subject of the dispute, the date and signature of the originator must be indicated.

If the inspection report for the purchased car is already ready, you must attach a copy of it to the claim. If the evidence of the seller’s guilt is strong enough, in most cases he will prefer to resolve the matter amicably rather than spend additional money on legal costs. If the claim is refused, the buyer goes to court.

Going to court

To file a claim for a refund for a car, you will need to collect a package of documents:

Application in accordance with the established procedure.

Receipt for payment of state duty.

Documents for the vehicle, as well as a purchase and sale agreement confirming the purchase from this person.

Examination data, as well as an expert’s conclusion that the breakdown occurred due to the fault of the seller.

The procedure for filing an application and the procedure for its consideration are established by a civil court. The application must be submitted at the buyer’s place of residence. Depending on the court's decision, the buyer may receive a refund for the car, pay for repairs to the breakdown, or refuse to satisfy the claim.

Practical advice

To avoid most of the risks when buying a used car, it is enough to get a competent lawyer on your side and invite an expert appraiser. Specialists competent in legal and technical matters will assess the condition of the vehicle, predict possible breakdowns and the need for repairs, and also competently draw up a vehicle purchase and sale agreement.

Before concluding such an agreement, the lawyer will check the car to see if it is pledged or owned by third parties.

Of course, such specialists will have to pay a fairly large sum for their work. However, their involvement guarantees the absence of most problems with the transaction in the future. Considering that even on the used car market the cost of some cars is tens of thousands of dollars, it is better to pay specialists to protect yourself from the risks of losing such an amount.

When you can't return the car

You will not return the car if the breakdown was a result of wear and tear, about which the buyer was notified during the sale. Article 489 of the Civil Code of the Russian Federation provides for returns only if existing defects prevent the purchase from being used for its intended purpose.

If a used car can perform its functions, and the breakdown is due to wear and tear or defects about which the buyer was warned, a refund will not take place.

Separately, it is worth paying attention to the understatement of the price of a car in official purchase documents. This clause is often resorted to in order to reduce the amount of tax imposed on such transactions. If the price of the car was underestimated, and a return is possible, the buyer will receive only the amount that was specified in the purchase and sale agreement. If an underpricing is discovered, the buyer and seller will be prosecuted for the administrative offense of conspiracy. These reasons are enough for most to refuse dubious fraud when drawing up a contract for the purchase of a car.