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

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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.

Help me get my deposit back for an unpurchased car!

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Help me get my deposit back for an unpurchased car!

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Help me get my deposit back for an unpurchased car!

“I entered into a car purchase and sale agreement with the Sigma St. Petersburg car dealership.
I paid a deposit of 30 thousand rubles.
After 3 days, I wrote a statement addressed to the director of the salon that due to financial difficulties that had arisen, I would not be able to buy the car and asked to return the deposit. The application was accepted by the sales manager with whom I entered into an agreement (they even took the card details where to transfer the money).
And after 10 days they refused to return me (and they promised to prepare a letter with the motivation for the refusal - they still haven’t done so).
The contract does not provide for penalties.
And initially, when concluding the contract, the sales manager said that they would return the deposit in full if the buyer had problems. There are no terms on interest if the buyer terminates the contract, no terms on any return of the deposit at all (in another salon they also made an advance payment first, everything was clear, the amount that would go to the salon in case of refusal of purchase, etc. was stated).
It is written that all disputes are resolved through negotiations, and if not, then in court based on the law.
Many acquaintances left deposits like this and calmly took them back under changed circumstances, but here they simply say that according to our agreement we will not give you anything.

Is there a chance to get the money back (and how)? where to go? Should I write statements or just go to their legal department?”

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.

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 car deposit

In practice, it is widely used to transfer a sum of money to the car seller or a representative at a car dealership to confirm the intention to buy a car in the near future, so that the seller has the motivation to wait for the final payment and not look for other buyers. Whether such an amount can be returned if the transaction does not take place depends on a number of circumstances.

Important! If you yourself are sorting out your case related to the return of a deposit on a car, then you should remember that:

All cases involving consumer fraud are unique and individual.
Understanding the basics of the law is useful, but does not guarantee results.
The possibility of a positive outcome depends on many factors.

First of all, it is worth noting that the amount that citizens call the “deposit” for a car has nothing to do with the pledge. Collateral is property transferred to the creditor so that in the event of failure to fulfill the obligation, the latter can sell it and compensate for his losses from the proceeds.

Money transferred toward future car payments is an advance or earnest money deposit.

What is the difference between an advance payment for a car and a deposit for a car?

The Civil Code of the Russian Federation distinguishes between the concepts of a deposit and an advance, indicating that if the parties have not directly indicated that the transferred amount constitutes a deposit, it is an advance.

The main difference between these two concepts is the consequences of not concluding an agreement.

In what cases is the deposit for the car returned?

If the buyer and seller of the car directly wrote that the buyer gave a deposit for the car, and subsequently the sale and purchase never happened, then the deposit is returned in the following order:

The transaction did not take place by agreement of the parties or it became impossible to complete it (the car burned down, drowned, was broken into an accident, was stolen, it was not the seller’s fault) - the seller returns the deposit to the buyer;
The transaction did not take place because of the seller (changed his mind about selling, found another buyer and sold the car at a higher price, lost the key to the garage, etc.) - the seller returns double the amount of the deposit to the buyer;
The transaction did not take place because of the buyer (he found a cheaper car, decided to buy a car of a different make or year, lost the need for the vehicle due to revocation of his driver’s license, etc.) - the deposit amount remains with the seller.

If the buyer refuses to purchase a car for subjective reasons, the deposit amount cannot be returned.

The party through whose fault the purchase and sale of the car did not take place shall reimburse the other party for all expenses incurred due to this situation.

In what cases is the advance payment for the car returned?

If in the agreement the seller and buyer do not call the transferred amount a deposit, it is considered an advance. The Civil Code of the Russian Federation does not contain separate provisions on advance payments under preliminary contracts for the purchase and sale of vehicles, however, based on the general conditions of civil law, the meaning of an advance payment is in advance payment for the purchased item.

The advance payment is returned to the buyer, regardless of the reasons why the purchase and sale of the car did not take place.

How to get your car deposit back

The procedure for returning a sum of money – “deposit” – is different for an advance payment and a deposit.

In order to return the advance payment for a car , it is enough to send a written notice to the seller with a refusal of further relations and a demand to return the advance amount paid. In this case, it is recommended to simultaneously provide the payment details where the funds need to be transferred, or inform about another method in which the buyer is ready to receive the money.

Actions to return the deposit amount depend on the reason for the return:

To return the deposit in the case where the main contract is not concluded due to the fault of the seller, the buyer, before the expiration of the period that the parties have determined for concluding the main contract, must send the main contract to the seller and require him to sign it.

Such actions indicate the buyer's intention to act in good faith and desire to complete the purchase. If you do not send a request to conclude the main contract, the court will consider that both parties have simply lost interest in the transaction and there is no fault of the seller - as a result, it will collect only a single amount of the deposit from the seller.

If the seller ignores the requests or responds with an outright refusal, the next step is to send a demand for the return of a double amount of the deposit to the specified bank details or in another way.

In practice, such a requirement is combined with the first requirement, indicating the return of double the amount if the contract is refused.

To return the deposit in the event that the main contract is not concluded without the fault of the parties, the seller and buyer enter into an agreement.

In the agreement, the seller and the buyer note the reason for not concluding the main contract and come to an agreement on the procedure and timing for returning the deposit amount to the buyer.

If the seller unreasonably refuses to return the amount paid by the buyer and avoids transferring money, a statement of claim must be filed and the corresponding claims must be filed in court.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.