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

Refund of prepayment for a car in the showroom

When visiting a car dealership, many people mentally prepare for buying a car and its subsequent registration. In practice, concluding an agreement and receiving a car is rarely realized on the day of the transaction. Common reasons are the lack of the required color or configuration. To prevent the client from “jumping off,” the salon employee offers to make an advance payment (deposit) and in this way secure the intention of a future purchase.

On the one hand, both sides benefit. The car dealership receives a guarantee that the client will return for the car, and the future buyer does not have to worry about finding a vehicle - after some time the vehicle will only have to be picked up. But what to do if, after making an advance payment, your plans change, financial difficulties arise, or one of a thousand other reasons not to buy a car arises. How can I return the prepayment in such a situation, and is it really possible to do this?

What does the law say?

Issues of making an advance payment for a car are regulated by the Civil Code of the Russian Federation, which contains information concerning both parties to the transaction - the seller and the buyer. The main regulatory role is played by Art. 487, which stipulates the possibility of making advance payments for goods. In addition, there is a Law on Consumer Rights, including one that controls the processes of purchasing and operating a car (Article 23.1).

If the buyer does not deposit the required amount of funds within the agreed period, or the other party does not transfer the goods, two articles of the Civil Code of the Russian Federation come into force (328 and 457). According to the law, in the first situation, nothing is transferred to the buyer, and the agreement is terminated, and in the second, the seller is forced to transfer the object of the transaction (sometimes with the payment of additional interest).
If the agreement contains a clause according to which payment (partial or full) must be made before the transfer of goods, the money must be paid before the date specified in the document or within the period specified in the Civil Code of the Russian Federation (Article 314).
According to the Law “On Protection of Consumer Rights”, the seller must promptly issue the goods within the agreed period. If he has not done this, the buyer has the right to set a new period or terminate the agreement with a return of the deposited funds. The same article 23 stipulates that the period for returning the prepayment is up to ten days from the moment of its transfer.

Difficulties of terminology

Buyers often get confused in concepts, meaning absolutely identical actions by the terms “advance”, “deposit” and “deposit”.

The automobile portal Vodi.su draws your attention to the fact that these definitions hide different meanings:

Advance is a financial payment that is made before the transfer of goods. Such payment does not apply to the security of the transaction, so the advance can be returned or demanded back. When such payment is made, no purchase and sale agreement is drawn up. Only an agreement is drawn up, but breaking it may not have legal consequences.
Earnest money is a certain amount of funds that is transferred to the seller against future payments, as proof of the execution of the agreement and ensuring its implementation. Issues of transferring a deposit are regulated by the Civil Code of the Russian Federation. In this case, the amount is specified in the contract.
Collateral is a term that is mostly used in lending. Its essence is to obtain the right from the creditor to sell the pledged object if the other party fails to fulfill its redemption obligations.

An advance, as a rule, is transferred when purchasing a vehicle from a private person. In this case, a receipt is issued indicating the amount (in words and figures), information about the parties to the transaction and the car (number, model, make, number, and so on). A refund of the advance payment is possible if there is a sudden change in the price of the car.

Car dealerships use a deposit (prepayment). So, if the client has decided to buy a car, but the required configuration (color) is not yet available, a sales contract is drawn up. The document stipulates the timing of the transfer of the car, the amount of late fees and other conditions. The prepayment amount, as a rule, is 10% of the cost of the car (the minimum limit), and the amount itself is written down in a separate document. The document plays the role of a guarantee for the parties to the transaction.

If the seller (car dealership) has not fulfilled its obligations, the other party has the right to demand compensation equal to double the amount of the advance payment (Article 381 of the Civil Code of the Russian Federation). Even if the dealer has internal rules regarding the deposit (advance payment, deposit), the institution must obey the law.

How to return a prepayment for a car?

To avoid conflicts, the amount of the prepayment is specified in the agreement drawn up at the time of transfer of funds. Despite this, buyers cannot always return the money required by law if the seller violates the terms.

To get the amount paid for the car back, you should notify the salon management in writing about your desire to terminate the contract for the purchase of the car. Most often, the procedure takes place at the dealer's premises. The person is given two forms to fill out. The first contains a request to terminate the contract for the purchase of a car, and the other document contains an application for a refund of the prepayment.

Consideration of the application does not occur immediately, but over a certain period. The buyer is notified of the decision by telephone or invited to the car dealership. If the answer is yes, the person receives the funds back, and the contract for the purchase of the car is terminated. In case of refusal, the only solution to the dispute is to file a claim and return the money through the court.

Often, after paying part of the cost of the vehicle, the buyer plans to receive a car of a specific brand, color or configuration. If the dealership representatives cannot fulfill the order, they must call the buyer and inform them that it is impossible to transfer the car with the specified criteria. There are two options to choose from - another car or waiting for the vehicle of interest to arrive. In this case, the client may be offered a car of a different brand, the price for which often differs from the originally agreed upon price.

In such a situation, the choice lies with the buyer, who, in the event of non-receipt of the agreed goods, has the right to withdraw an advance payment for the car. In practice, this is not always possible, because the car dealership does not want to lose a potential client and money already received. In such a situation, it is worth contacting lawyers and starting the process of official correspondence. In addition, a complaint is filed against managers who violate the rights of clients.

Results

Whatever form the money is transferred to the car dealership (advance, deposit or pledge), the document drawn up can most often be contested and is a formality. Consequently, the buyer, under certain conditions, has the right to return the transferred funds back. The main thing is to immediately contact the manager, fill out written statements and attach copies of documents. The key here is knowing your rights and the ability to protect them.

Refund of prepayment for a car at a car dealership

When purchasing a car, it is not always possible to receive the goods on the day of payment. If a car is purchased to order, dealers practice drawing up an agreement with prepayment. In the event that the client changes his mind about buying the selected vehicle, the issue of returning the prepayment becomes relevant.

In this article we will look at what a prepayment is, whether it can be returned, how to write a request for a refund, and what to do if a car dealership refuses to return the money.

What is an advance payment under a car purchase agreement?

The provisions on prepayment are regulated by Article 487 of the Civil Code of the Russian Federation. The purchase and sale agreement may provide that the buyer receives the car after transferring part of its cost or full payment to the seller.

Typically, the advance payment period is established by agreement of the parties. If the parties to the transaction have not agreed on this point, the seller has the right to demand that the buyer fulfill his obligations. The car dealership's requirement must be met within 7 days .

If the buyer has not made an advance payment for the car, the seller has the right not to transfer the goods to him until the obligation is fulfilled.

Is it possible to return the advance payment for a car?

The legislation provides for the possibility of withdrawing from a contract on two grounds: at the request of the consumer and in connection with the seller’s failure to fulfill the obligation to transfer the goods.

Refund of advance payment upon cancellation of purchase

In the case where the car is transferred to the buyer after making an advance payment, refusal to purchase is possible subject to the rules established by Chapter 2 of Law No. 2300-1.

The vehicle is a technically complex product, so the buyer must contact the car dealership to terminate the transaction within 15 days . You will need to prove that the car has flaws. Otherwise, the seller has the right not to accept the equipment based on the list approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55.

If 15 days have passed since the transaction was completed , then a return is possible only if there are significant deficiencies. These include defects that prevent the vehicle from being used for its intended purpose and cannot be restored or require expensive repairs.

Example 1. Tsareva E.A. turned to KM-Avto LLC to terminate the sales contract and return the prepayment. She indicated that during the operation of the vehicle, damage to the side body occurred in the form of significant cracks, peeling and abrasions of the paintwork. The official dealer rejected the claim.

The buyer filed a lawsuit to protect her interests. The court found that Tsarevoy E.A. repairs were proposed. However, she refused the repair work, considering that the car would lose its marketable value. At the same time, the car was repeatedly involved in road accidents, after which it was repaired at Autocenter Kna Motors LLC. According to the conclusions of the expert report, the identified defects are not irreparable. Tsareva E.A. did not provide evidence that the seller violated its obligations to carry out warranty repairs. A refund of the advance payment was refused. (Appeal ruling of the Stavropol Regional Court dated January 20, 2015).

Refund of advance payment if the car dealership does not transfer the car to the buyer

A different situation arises when the seller violated the obligation to transfer the goods within the prescribed period (Part 3 of Article 487 of the Civil Code of the Russian Federation). In this case, the buyer has the right to demand:

transfer of a paid car;
refund of the prepayment amount if you change your mind about purchasing.

A similar rule is contained in Article 23.1 of Law No. 2300-1. In this case, the buyer may demand full compensation for losses incurred due to delay under the contract. The dealer also pays a penalty for each day of delay in the amount of 0.5% of the prepayment amount.

Example 2. Sergeev I.A. I entered into a preliminary agreement with the car dealership and made an advance payment. The vehicle was not delivered to the buyer within the period stipulated by the agreement of the parties. Sergeev I.A. sent a claim to the seller demanding the return of the deposit. The dealer refused to refund the money, stating that he had not received the money from the buyer. Sergeev I.A. filed a lawsuit to terminate the contract. The court found that the advance payment was transferred to an employee of the car dealership, who acted on the basis of a general power of attorney. The defendant did not fulfill the obligation to transfer the goods, so the plaintiff’s demands were satisfied. (Appeal ruling of the Supreme Court of the Republic of Bashkortostan dated April 17, 2014 in case No. 33-5376/2014).

How to return a prepayment for a car that was not purchased?

To return the advance payment for a car that was not purchased, you must contact the dealer with an application to terminate the purchase and sale agreement. The seller is obliged to respond within 10 days. Let's look at the whole procedure in more detail.

Step 1 – Drawing up an application for the return of the deposit

The application is drawn up in free form and submitted to the head of the car dealership.

The text of the appeal must include the following information:

dealer's name, address;
Full name of the applicant, place of registration, contacts;
date of conclusion of the purchase and sale agreement;
information about making an advance payment;
reasons for termination of the contract;
demand to return the advance;
date and signature.

If you have any questions while completing your application, we recommend that you ask them to an experienced consumer protection lawyer. He will clarify unclear points and help you draw up a document.

Step 2 – Submitting a complaint to the seller

It is advisable to submit the claim in two copies. One document is handed over to the seller for registration, and on the second, his employee marks receipt.

If the dealer refuses to receive the claim, it must be sent by certified mail with receipt requested. After receiving the correspondence, the seller's employee will mark the notice as receipt. Notification may subsequently be required in court to confirm compliance with the claim procedure for resolving the dispute.

Step 3 – Acceptance and consideration of the claim

Once a claim is registered, it must be reviewed within 10 days . In the event that a consumer asks to terminate a contract for a low-quality product, an examination is organized. Based on the results of consideration of the application, the advance payment is returned. The money is transferred to the buyer's account or delivered in cash.

What to do if the dealer refused to return the advance payment for the car?

In practice, there are cases when a car dealership refuses to return the advance payment. To protect their interests, the buyer should contact Rospotrebnadzor or the court.

How to file a complaint with Rospotrebnadzor?

Rospotrebnadzor carries out inspections of cases of non-compliance with consumer rights. To begin inspection activities, you will need to submit a written complaint.

The complaint must include the following information:

name of the territorial division of the department;
information about the applicant (full name, address, contacts);
information about the concluded contract and the fact of making an advance payment;
reasons for termination of the purchase and sale agreement;
information on compliance with the claims procedure for resolving disputes;
a request to conduct an inspection and facilitate the return of money;
date and signature.

The complaint must be accompanied by a purchase and sale agreement, a receipt for payment, and a copy of the complaint with the dealer’s response.

The appeal is considered within 30 days . If the fact of violation is confirmed, an order to eliminate the violation is sent to the seller. It must be completed without fail. Otherwise, the dealer will be held administratively liable.

How to return an advance through court?

An effective way to protect consumer rights is to file a claim in court. Based on the results of the review, a decision is made that must be executed.

How to write a statement of claim?

The claim is drawn up taking into account the rules established by Article 131 of the Code of Civil Procedure of the Russian Federation. The text of the document must contain the required information:

name of the court;
information about the plaintiff and defendant;
description of the circumstances of concluding the contract and transfer of advance payment;
reasons for termination of the contract;
information on compliance with the claim dispute resolution procedure;
requirement to terminate the contract and return the advance payment;
list of applications;
date and signature.

If a representative is entrusted with drawing up and filing a claim, you will need to issue a notarized power of attorney. Information about the representative is indicated in the claim.

Where to file a claim?

Depending on the amount of the advance payment, the claim is filed in the magistrate or district court. If the amount of the required advance payment is up to RUB 50,000 . documents are sent to the magistrate's court. If the prepayment amount is more than 50,000 rubles , then the dispute will be considered by the district court.

The consumer has the right to choose which court to appeal to. Submit documents at the location of the dealer. If he is located in another city, then the claim is filed at the citizen’s registered address.

How to prove that the advance refund is justified?

To confirm the fact of making an advance payment and the seller’s failure to fulfill the obligation to transfer the car or accept low-quality goods, you will need to provide evidence.

The list of documents includes:

contract of sale;
user manual;
warranty card;
advance payment receipt;
claim sent to the dealer;
response to a complaint;
expert opinion.

If the advance payment was transferred without a signed contract, witness testimony may be required. To summon witnesses to court, it is necessary to file a corresponding petition.

Difficulties in returning an advance payment for a car

When returning an advance payment for a car, the consumer may face a refusal from the seller who gave him a car of proper quality. There is a 15-day deadline for returning products. To increase your chances of success, it is advisable to seek the help of a qualified lawyer. If you need the help of an experienced consumer rights advocate, contact the specialists on our website.

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Prepayment for a car at a car dealership: how can you get your money back?

Visiting a car dealership is a moral preparation for purchasing a car. Often, the conclusion of the contract, the signing of all documents and the purchase of the vehicle occur on the same day, but this is not always possible.

For example, the required configuration or color is missing. In such situations, car dealership managers try to correctly insist on making an advance payment and thus ensure that the client returns for the chosen car.

This arrangement of events does not bother anyone - the salon receives a guarantee that the client will return, the buyer is freed from the need to look for a car. But there are times when the financial situation changes dramatically or you change your mind about buying a car from this dealership or want to abandon the purchase altogether.

In this case, the prepayment must be returned. Here the question arises of how to do this and whether the law allows such a development of events.

The legislative framework

The answer to the question of whether it is possible to return the advance payment for a car is contained in Article 487 of the Civil Code of the Russian Federation.

Article 487. Advance payment for goods
1. In cases where the purchase and sale agreement provides for the buyer’s obligation to pay for the goods in full or in part before the seller transfers the goods (advance payment), the buyer must make payment within the period provided for by the agreement, and if such a period is not provided for by the agreement , within the period determined in accordance with Article 314 of this Code.
2. If the buyer fails to fulfill the obligation to pre-pay for the goods, the rules provided for in Article 328 of this Code are applied.
3. In the event that the seller, who has received the advance payment amount, does not fulfill the obligation to transfer the goods within the established period (Article 457), the buyer has the right to demand the transfer of the paid goods or the return of the advance payment amount for the goods not transferred by the seller.
4. In the event that the seller does not fulfill the obligation to transfer the prepaid goods and is not otherwise provided by law or the purchase and sale agreement, interest is payable on the amount of the prepayment in accordance with Article 395 of this Code from the day when, according to the contract, the transfer of the goods was supposed to be be made until the day the goods are transferred to the buyer or the amount pre-paid by him is returned to him. The contract may provide for the seller's obligation to pay interest on the amount of the advance payment from the date of receipt of this amount from the buyer.

It talks about the possibility of making an advance payment, as well as cases when funds can be returned and on what grounds. The process of purchasing and using a car is also described in Article 23.1 of the Consumer Protection Law.

Advance and deposit: what is the difference

First of all, it is necessary to distinguish between the concepts of advance and deposit. The advance is paid by the buyer to the seller in the event of a receipt for a subsequent purchase and is, in fact, an initial payment.

In this case, the receipt contains the following information:

passport details of the buyer and seller;
license plates of the purchased vehicle;
year of manufacture of the car;
model and brand.

How to return a prepayment for a car? Watch the video:

If an advance is made, it is returned only if the cost of the car increases sharply. If the buyer simply changes his mind, the funds cannot be returned.

Additionally, a document is drawn up that describes all possible options for the development of events, as well as the size of the deposit. This is an additional guarantee for the seller and buyer.

Conditions for returning the deposit according to the law

If the dealer has not fulfilled the obligations described there within the specified period, the client of the car dealership has the right to demand compensation in an amount twice the amount of the deposit paid, as prescribed by Art. 381 Civil Code of the Russian Federation.

Article 381. Consequences of termination and non-fulfillment of an obligation secured by a deposit
1. If the obligation is terminated before the start of its performance by agreement of the parties or due to impossibility of performance (Article 416), the deposit must be returned.
2. If the party that gave the deposit is responsible for the failure to fulfill the contract, it remains with the other party. If the party who received the deposit is responsible for non-fulfillment of the contract, he is obliged to pay the other party double the amount of the deposit.

In addition, the party responsible for failure to fulfill the contract is obliged to compensate the other party for losses, minus the amount of the deposit, unless otherwise provided in the contract. The management of the salon has no right to challenge the Civil Code, even if it has its own rules.

How to sell an inherited car and not pay taxes? Read here.

Also, according to the consumer protection law, if the seller does not deliver the goods within the agreed period, the buyer has the right to terminate the agreement or set a new deadline. The prepayment can be taken back no later than 10 days after it has been made.

It is quite simple by law to return an advance or prepayment, but difficulties may arise with a deposit. The ability to pick it up from a car dealership will directly depend on the drawn up agreement with the dealer.

Procedure

It is important to understand that a refund is possible only if this is provided for in the contract. Car dealerships, as a rule, take a deposit, which is not so easy to return if the buyer simply changes his mind.

Having decided to return the money previously deposited, you must contact the salon where the agreement was concluded. Typically, the dealer will ask you to submit a refund request.

To do this, the buyer is given 2 forms:

attributing breach of contract;
applying for a refund of funds paid.

How to return a prepayment for a car that was not purchased?

The car dealership usually takes time to make a decision. If the answer is positive, a time and method for returning the money are assigned, but if the dealer is not ready to return the funds, going to court is the only way to solve the problem.

By making a deposit, the buyer wishes to purchase a car of a certain color, make and model; if it does not arrive within the specified period, the dealership representatives are obliged to inform the buyer and offer several options to choose from:

return of the deposit;
changing the date of provision of the required goods;
buying a car.

If, contrary to the client’s wishes, the funds are not returned to him, it makes sense to contact lawyers and start the process of official correspondence.

What to do if the salon refuses to voluntarily return the deposit

The whole question is what is written in the agreement concluded when transferring money. That is why, before signing a document, it is recommended to study it carefully, reading all the attachments.

What grounds should there be to return a car after purchasing it? Find out here.

Initially, you should not believe the seller’s words; they will not have legal force if the case ultimately goes to court.

Refusal to purchase a car and return of advance payment.

It is worth understanding that if an agreement was previously concluded, refusal to purchase will bring losses to the client, and even attempts to prove the case in court may be unsuccessful and will only lead to even greater expenses.

How managers work

Salespeople today are more focused on making money. Their priority is to sell here and now. And when the client wants to return the deposit, they simply lose the client and part of their earnings.

Therefore, many of the managers are trying their best to convince the buyer not to take the money. In return, he will be offered the maximum number of options for other cars that are currently available in the showroom.

How can I return a used car to the seller? See the link.

Funds must be returned, provided that the dealer has not fulfilled his obligations on time.

Going to court

The response will depend on the reason for the refusal. If the seller does not provide the car within the period specified in the contract, non-refund is a prerequisite for filing a claim.

If the client wins the case, the car dealership will also be required to cover all legal costs.

The following documents must be brought to court:

purchase and sale agreement, which specifies the period for provision of the car;
application for a refund (it is highly desirable that it be certified by a signature on receipt of the car dealership);
written response to the application;
a complaint addressed to the salon managers about violation of consumer rights.

Why should you be careful when buying a car at a car dealership? Answer in video:

Termination of contract by the buyer: nuances

If the buyer wants to return the money, despite the agreement concluded on his own whim, then the chances of winning the process are extremely small.

To avoid finding yourself in such a situation, you should carefully consider and weigh the decision to buy a car and, when making a deposit, be absolutely sure that even after the time specified in the document has passed, you will not change your intention to buy a car.

It is important not to panic and remember that the law is on the buyer’s side. If the terms of the contracts are not violated, the court will help return the funds in full. You can protect yourself from unpleasant situations by carefully reading the terms of the signed agreements.

How to return a prepayment for a car at a car dealership?

You can return the prepayment for a car at a car dealership if the dealer violates the obligation to meet the deadlines for the sale. Depending on the terms of the contract, rules on the return of the deposit or advance will be applied, which will significantly affect the procedure for filing claims. In this material we will look at how to return the deposit for a car at a car dealership, and what to do if the seller refuses to fulfill his obligations.

What is meant by deposit

If the dealer has the car in stock, there is no question of making an advance payment. The buyer transfers cash or transfers money to the seller’s account in the amount of the full cost of the transport. However, if an order is placed and the selected model is delivered, the seller is interested in receiving a deposit or advance payment to guarantee the subsequent completion of the transaction.

The subsequent refund procedure depends on the method of prepayment:

if the prepayment was made in the form of a deposit, in case of violation of obligations on the part of the seller, the money must be returned in double amount;
if the contract included an advance clause, the car dealership will be obliged to return the same amount that it received from the buyer;
the deposit is returned only if the seller has violated his obligations, while the advance payment can be returned if the buyer refuses the transaction.

The seller is interested in selling the car, so the inclusion of a deposit clause will help avoid the buyer’s unilateral refusal from the transaction. If such a refusal is declared, the seller may not return the deposit. The situation with an advance payment is different - in case of unilateral refusal by the buyer, the entire amount of the advance payment is subject to a refund.

Deposits and advances are used to secure contractual obligations. Consequently, if the seller violates his obligations, he will have to return the advance payment in double amount (for a deposit) or in a single amount (for an advance payment). Let's look at what violations on the part of the dealer you can demand the return of the deposit, and how to correctly present such a demand.

When can the deposit be returned?

The transfer of funds as a deposit is fixed in the terms of the contract or a separate agreement. At the same time, the parties indicate the following information:

characteristics and equipment of the vehicle for the purchase of which an advance payment has been made;
the period during which the car dealership undertakes to deliver and hand over the car to the buyer;
the amount of the deposit that the buyer gave towards the cost of the car.

If the car is delivered in the proper configuration and the order is not overdue, the entire amount of the deposit will be taken into account towards the price under the contract. However, if the car dealership violates its obligations, the buyer has the right to choose a further course of events - wait to receive the car, or demand a double refund of the deposit.

The most common reason for returning the deposit is a violation of the delivery deadlines for the ordered car . The buyer has the right to make such a demand the next day after the expiration of the delivery period. Also, the basis for return will be the discrepancy between the characteristics and configuration of the vehicle, if the buyer and seller do not agree to reduce the price under the contract, or set a new deadline for the delivery of the appropriate vehicle.

The car dealership cannot unilaterally change the terms and conditions of delivery of the car , which were fixed in the contract. To make such changes, an additional agreement must be drawn up. However, the buyer has the right to refuse to establish new deadlines for the fulfillment of obligations and make a demand for the return of the deposit.

You cannot receive a deposit if, after handing over the car, minor defects were discovered that could be eliminated during warranty repairs. In this case, you can file a claim to eliminate deficiencies, carry out repairs, reduce the price of the car, or other requirements. Even if significant and irreparable defects are discovered during the operation of the vehicle, the buyer will be able to return the full or partial cost of the car, but not a double deposit.

Procedure for returning the deposit

When drawing up a purchase and sale agreement or a deposit agreement, the parties can foresee in advance the procedure for filing a claim and returning funds. Naturally, the terms of the agreement cannot contradict the norms of the Civil Code of the Russian Federation and other regulations. For example, establishing a clause in the contract regarding the refusal to return the deposit or reduce its amount will be contrary to the law.

The Civil Code of the Russian Federation provides for the following procedure for returning the deposit for a car at a car dealership:

Having established that the seller violated the deadline for transfer of the vehicle, or another obligation under the contract, you must submit a written claim and demand a double refund;
since a transaction involving citizens is subject to the Law “On the Protection of Consumer Rights”, the seller is obliged to respond to the claim no later than 20 days (the car dealership is obliged to transfer the money or send a reasoned refusal);
if the claim is refused, the deposit can be recovered in double the amount through the court (in this case, a fine, penalty, and compensation for moral damage will be collected from the car dealership);
Having received a court decision and a writ of execution, you need to send them to the bailiffs for forced collection of funds.

The parties may change this procedure in favor of the consumer. For example, a car dealership may agree to reduce the period for returning the deposit and to file claims at the place of actual sale, rather than at the central office.

Making a claim

If the car dealership admits the violation and agrees to return the deposit in double amount, you can avoid filing a claim and going to court. In order for the seller to be able to take into account the return, you must submit a written application and formalize the termination of the purchase and sale agreement. Money can be issued in cash or transferred according to the buyer’s account details (if the contract or agreement does not specify the form of refund, the seller can choose any option).

To return funds upon application, no more than 3 days are given . If the buyer has not received the money within this period, he can file a claim. Typically, the claim is filed with the seller's authorized representative named in the contract. To avoid problems with receiving funds, you need to consider the following rules for filing a claim:

the document must be handed over to an authorized representative of the seller against signature, or sent by mail (when you subsequently go to court, you will have to provide evidence that the seller has received the claim);
in the text of the claim you must indicate information about the concluded agreement, refer to the transfer of the deposit, indicate the amount of the advance payment;
In order to receive a deposit, the buyer must indicate a violation of obligations on the part of the car dealership (for example, failure to meet the deadline for transfer of the vehicle).

The seller may not wait until the deadline for consideration of the claim expires and transfer the money to the buyer. If the seller does not agree with the fact of a violation, he must send a reasoned response justifying his position. If you evade returning the money or sending a response, the car dealership will be fined under the Law “On the Protection of Consumer Rights”.

Going to court

If the deposit could not be returned voluntarily or through a claim procedure, this can be done through the court. You can file a claim only if you comply with the rules for filing and considering a claim. The advantage of judicial protection under the Law “On Protection of Consumer Rights” is the ability to file a claim at the citizen’s place of residence. There is no need to send a copy of the claim to the seller, as the court will do this.

The text of the statement of claim must reflect the following points:

information about the parties to the dispute (if the car service is a representative of a large chain, the parent organization will also be the defendant);
information about the purchase and sale agreement and/or the deposit agreement (date, basic terms of the documents, amount of the deposit, other circumstances);
evidence of violation of obligations on the part of the seller (for example, an indication of missing the deadline for transfer of the vehicle);
description of the actions performed at the pre-trial stages of the dispute (date of filing the application and claim, the result of their consideration);
claims, including double refund of the deposit, penalties for late transfer of funds, compensation for moral damage, costs of legal assistance, etc.;
signature of the plaintiff or his representative by proxy.

When going to court, you need to prove the fact of concluding a contract or agreement, the moment of transfer of funds and the amount of the deposit, and the circumstances of the violation on the part of the seller. The burden of proving the legality of the withholding of funds rests with the seller.

If the fact of transfer of the prepayment is properly confirmed in the documents, there will be no problems with the return . It is enough for the court to establish the fact of violation of obligations on the part of the car dealership in order to satisfy the claims. Simultaneously with the collection of the deposit, the purchase and sale agreement will be terminated. Forced collection will occur through the FSSP service, where the buyer must submit a judicial act and a writ of execution.

If the deposit was transferred without paperwork, it will be more difficult to prove your case. In addition, if a deposit was not indicated when making an advance payment, the money will only be returned as an advance, i.e. in a one-time size.

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

When you have selected a car from a car dealership that matches your desires and capabilities, you rarely drive it away right away. There may be several reasons: the required color or desired configuration is not available, the car requires pre-sale preparation or additional documentation. In all these cases, the client is asked to come back to pick up the car later, and in order to ensure that he does not change his mind while waiting, he is asked to make an advance payment.

There may be different reasons for the need for collateral, but the goal is the same - to secure your intention with the money already spent. It must be said that the fears of car dealers are not unfounded. The client has time, and he can choose another car; finally, circumstances may change, and buying a car will cease to be a priority, giving way to other expenses.

Let's look at the question of whether it is possible to get your money back in such a situation, and how to do it correctly.

What do the laws say?

Issues of interaction between the seller and the buyer are regulated by the Civil Code of the Russian Federation and the Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1. You need to understand that from a legal point of view, advance payment can be made in three options:

This is the part of the cost of the goods that is transferred to the seller before the goods are received. In this case, drawing up a contract is not necessary; an agreement is drawn up, the rupture of which often does not lead to legal consequences.

May be complete or partial. In this case, the prepayment is partial (usually 10% of the cost of the car), often such an advance payment is called a deposit. The deposit is a part of the cost of the goods transferred to the seller. The transfer of a deposit requires that its amount be specified in the contract, as stated in the Civil Code of the Russian Federation.

This term is most often used in the lending industry. The essence of the pledge is that the creditor receives the right to realize it if the obligations of the second party are not fulfilled.

In everyday life, many of us consider these words to be synonymous, but from the point of view of the law they have different interpretations. In particular, returning the money transferred in the first two options is relatively simple, but serious problems may arise with the return of the deposit. Therefore, carefully read the papers you sign.

Most often, an advance is paid when purchasing a car. The parties to the transaction draw up a receipt. In this document they indicate the amount in digital and capital form, information about themselves and the car. A refund of the advance may occur for various reasons, for example, as a result of a sharp change in the price of the car.

Car dealerships typically use advance payment in the form of a deposit. The client has decided to buy a car of a certain brand and configuration, but something is preventing him from concluding the deal immediately. For example, the desired color of the car is not available in the interior. The salon, represented by its employees, undertakes to provide the client with the car he needs within a certain time frame, the buyer agrees to wait. In this case, a partial advance payment is taken and a sales contract is drawn up. The amount of money contributed is indicated in the agreement or a separate document.

This agreement is a guarantee for both parties involved in the transaction. They assume obligations and acquire certain rights. In particular, Art. 381 of the Civil Code of the Russian Federation allows the buyer, if the car dealership has not fulfilled its obligations, to demand a double refund of the prepayment. Sellers, of course, are aware of this legal requirement and often protect themselves by creating some kind of internal rules. You should not expect that double the deposit will be happily returned to you, but if you go to court, the law will be on your side if all transfer documents are completed correctly.

Procedure for returning the prepayment

To ensure that problems are eliminated later, require an agreement that clearly states the amount. Until this moment, money should not be transferred. You should not expect that sellers will easily and simply return the amount you paid if they violate the terms of the contract, but with the right actions you will be able to protect your rights.

The first step is to notify the car dealership that you want to terminate the car purchase and sale agreement and return the advance payment. This must be done in writing. Typically, this notice is filled out on the premises of the salon. You take two forms. One is intended for an application to terminate the contract, and the second is for an application for the return of the prepayment you made. It is advisable to obtain copies of both documents indicating the date of their acceptance and the signature of the official who accepted the papers.

If the management of the car dealership does not want to give you copies of applications with a mark of their acceptance, it means that they are set up for confrontation and are trying not to leave you with legal evidence of the fact that you contacted them. In this case, it is better to immediately seek help from a lawyer.

Review of the application will take some time. The car dealership employees are obliged to inform you about the decision; leave them your phone number and email address. If the answer is positive, the money spent will be returned to you, and the purchase and sale agreement will be terminated. If the decision is negative, then you need to start preparing for a judicial solution to the problem that has arisen.

Properly conducting the process with filing all necessary claims, statements and lawsuits, collecting and presenting evidence is a job that should be done by a qualified lawyer. If you yourself do not have such experience, it is better to hire a lawyer who will represent your interests and achieve a verdict in your favor.

When a buyer decides to make an advance payment, he expects to receive a car of exactly the make, model, configuration and color that he ordered. An important factor is compliance with machine delivery deadlines. It should be noted that car dealership employees in some cases take on obviously impossible obligations, hoping to increase their earnings.

Their calculation is based on the fact that a buyer who has been waiting for a car for a long time will be convinced. For example, they will tell you that not the pale green color you chose, but orange is the most fashionable color this season, that you don’t need a number of functions at all, and you can take a car with a smaller configuration. Finally, they may offer you a higher-class model, convincing you that this is what you deserve, thus offering to significantly increase the amount of money you planned to spend on purchasing a car. It must be said that sales specialists in salons, as a rule, pursue the goal of earning as much as possible, and not of choosing the ideal model for you, and they often manage to put their plan into action.

There are also objective reasons for the salon’s failure to fulfill its obligations. A manufacturing company, for example, may stop producing a car in the color you have chosen, and the showroom will not be able to provide it to you, or they will change customs rules, and the car will seriously rise in price.

In both cases, it is the buyer who decides what to do next. If the terms of the contract are not fulfilled by the supplier, you have the right to demand a refund of the advance payment and even double this amount. However, practice shows that people and organizations that have received money are extremely reluctant to return even the bulk of it. If such problems arise, there will be a trial.

You have the right to represent your interests in court in person, but if you are interested in achieving an acceptable result as quickly as possible, it is better to hire a lawyer.

Experienced lawyers cooperating with our website are always ready to help you and defend your interests during pre-trial proceedings or in court. Fill out the form on the website or call the numbers provided and schedule a consultation.