Returning the car to the dealership after purchase

Returning the car under warranty

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

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

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

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

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

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

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

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

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

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

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

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

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

In what cases is it legally possible to return a car to a car dealership? All the nuances of the procedure

You can return the car to the dealership for various reasons - a malfunction has been discovered, a manufacturing defect that was not noticed at the time of purchase.

In our country, it is difficult to return a car to the dealership. This is due to the dishonesty of the sellers, as well as the inattention of the buyer himself.

Can a buyer legally return a car to the dealership after purchase, and how can he avoid becoming a victim of paperwork?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 938-44-61. It's fast and free!

Legislative framework

According to paragraph 1 of Art. 25 of the Law “On the Protection of Consumer Rights”, the car can be returned within 14 days if defects are found. Even a minor, insignificant breakdown allows you to return the vehicle within the specified period.

Is it possible to hand over a new vehicle to an authorized dealer and under what conditions?

Success depends on how long ago the car was purchased. If problems can be avoided when returning within 14 days from the date of purchase, then returning a car late is possible for a good reason (read about whether you can return a car within 14 days or within the warranty period and how to do it here).

As a rule, the periods for returning a car to the dealership can be divided into :

14 day period;
guarantee period;
post-warranty period until the end of the service life.

Within 14 days

If the car owner immediately after purchase notices a malfunction in the car, visible defects and improper operation of the mechanisms, he should immediately submit a written complaint to the dealership where the vehicle was purchased.

The car dealership must send a written response within three business days . Salon employees usually try to convince the car owner in a written response that they are not involved in the defect. Of course, returning the vehicle to the dealership will only bring losses - you will have to either fully compensate for the cost or replace the vehicle.

During the warranty period

When purchasing a new car, a warranty card is issued for it. It indicates the date and amount of the purchase, as well as the time frame for troubleshooting.

If the damage has not been repaired within the period specified in the warranty, you must file a claim in court. An independent expert assessment is also needed here. The report will record the breakdown and the amount required to fix it .

If the dealership does not have an exchange fund, the car is simply returned and the buyer is paid the full amount. Read about the nuances of returning and exchanging a car, if the car was purchased at a showroom or second-hand, here.

After the warranty period

You can return a faulty car even after the warranty expires. If, within 2 years after the end of the warranty period, the car owner discovers a defect in the car due to the fault of the manufacturer, you must first contact the manufacturer or an official representative, and then make claims to the dealer.

Practice shows that manufacturers themselves often take the buyer’s side rather than car dealerships.

If a direct appeal to the manufacturers is unsuccessful, a claim should be filed in court.

Due to marriage

The condition for return does not have to be some serious breakdown (for example, in the engine). The cause may be a simple malfunction of the windshield wipers.

In addition, a car dealer may offer to repair a faulty part or mechanism - and a month later it will fail again. If this situation repeats several times, you need to demand a replacement car.

You can find out whether it is possible to exchange an old or defective car for a new one at a car dealership and how the procedure is carried out here.

Used car

A warranty card is also issued for used cars. Therefore, the buyer has the right to demand that the breakdowns be repaired in the same way as when purchasing a new car. The scheme here is the same: the salon most often refuses to repair the vehicle , so it is necessary to conduct an independent assessment and go to court with its results.

How do I legally process a return after a purchase?

To receive monetary compensation when returning a car to the dealer, you must follow these steps:

write a complaint addressed to the dealer;
conduct an examination;
file a claim in court;
wait for the court decision to be implemented.

Read about whether it is possible to return a car after sale and how to do it here, and from this article you will learn how to legally return a car to the seller if the former owner is a private individual.

Filing a claim

It is permissible to make a written complaint in any form. The text of the claim must contain the following points :

title of the document – claim;
consumer and dealer data;
date and place of purchase of the car;
make and license plate number;
description of the identified defect;
legislative justification;
consumer requirements.

In your complaint, it is important to refer to the “Law on the Protection of Consumer Rights” (Article 18) and the norms of the Civil Code.

Required documents

To return the car you need:

personal identification document;
purchase and sale agreement (read about whether the car can be returned to the seller under the purchase and sale agreement and how to do it here);
check;
a document confirming the car’s malfunction;
service book.

Where to contact?

Having collected a complete list of documents, you need to head to the car dealership. If claims are not satisfied within 10 days, the buyer has the right to go to court.

Passing the examination

When making a claim against a dealer, the client has the right to demand an examination at the expense of the car dealership itself. The request must be satisfied within three working days. If a defect was not discovered during the examination, the client will pay for the appraiser's services.

The examination takes place in several stages:

inspection (as a rule, occurs with photo and video recording);
assessment of car breakdowns;
calculation of repair costs;
compilation of a report.

The report indicates all the details of the car, as well as the date and location of the inspection.

The client has the right to request a private independent examination . In this case, he will have to pay for the services of the appraiser himself.

Drawing up an act

In the event that the court has satisfied the plaintiff’s demands and the car dealership is obliged to pay a sum of money for the faulty car, a transfer and acceptance certificate is drawn up.

When should the money be returned?

After a positive court decision is made, the car owner again turns to the dealer company. She must respond to the request for the return of the car within the period established and recorded in the court order.

What to do in case of refusal?

If the car dealership refuses to resolve the problem out of court, you must go to court.

Filing a claim in court

To simplify the situation, it is better to contact a lawyer who will help you draw up a statement of claim. It is compiled in free form. The claim must indicate :

Must be attached to the application itself:

claims that were not satisfied by the dealer;
copies of documents confirming the ownership of the car;
results of the examination.

You can go to court at your place of residence.

State duty amount:

with a claim price of 200,001-1,000,000 it is equal to 5,200 rubles + 1% of the amount exceeding 200 thousand;
if the value of the claim is more than 1 million, the state duty for the statement of claim is equal to 13200 + 0.5% of the amount exceeding 1 million.

Duration of review

According to Article 154 of the Code of Civil Procedure of the Russian Federation, civil cases must be considered within 2 months from the date of filing the claim.

Time limit for execution of a court decision

According to the Code of Administrative Offenses (Article 31.1), the court decision must be executed within 10 days.

Nuances for a car purchased on credit

The loan vehicle can also be returned to the dealership. A car purchased on credit is also collateral . Therefore, the bank, which does not benefit from the loss of collateral, will join in and take the client’s side. You can return the car to the dealer if a fault is identified.

If further payments are impossible, the issue is resolved privately directly with the bank, since the dealer is not to blame for the fact that the borrower is having financial difficulties.

Before the trial, the client sends a claim to the car dealership, and during the trial, he engages the banking organization as a third party.

Can you return the vehicle to the bank?

No. In fact, the bank needs money, not a car, so it will do its best to help the car dealership recover losses.

How to return it to the salon?

First of all, the client must contact the car dealership and request documentary evidence of termination of the purchase and sale agreement.

The buyer then goes to the bank. The financial institution is required to pay back the money paid to repay the debt and the loan origination fee. The salon usually returns the money paid for the car to the bank on its own .

After settlement has been made with the client, you can contact the bank with a request to provide a certificate stating that it has no financial claims against the borrower. The payment of interest on the loan can be imposed on the dealer in court. To do this, you need to go to court with a claim.

The statement of claim includes:

period of operation of the vehicle purchased from the defendant;
a detailed list of all identified significant defects and inconsistencies;
a request to cancel the purchase and sale agreement, to recover from the defendant the money paid to him, as well as the amount of compensation for damage.

To the application, which lawyers will help you draw up, you must attach documents confirming the car’s malfunction, as well as documents confirming the ownership of the car. Besides:

a receipt confirming that a copy of the lawsuit was sent to the seller;
a photocopy of the claim previously sent to the seller with a shipping receipt.

What to do if you are denied acceptance of a vehicle?

In this case, you must conduct an independent examination at your own expense and go to court. The statement of claim indicates all the circumstances of the case, substantiates the reasons for demanding a refund for the car or demanding its exchange for another. In addition, it is necessary to indicate a complete list of defects and problems identified by the examination.

Attached to the application:

copy of the policy;
independent expert opinions;
receipt of letter sent to dealer;
written refusal from the dealer.

State duty amount:

with a claim price of 200,001-1,000,000 it is equal to 5,200 rubles + 1% of the amount exceeding 200 thousand;
if the value of the claim is more than 1 million, the state duty for the statement of claim is 13,200 + 0.5% of the amount exceeding 1 million.

According to Article 154 of the Code of Civil Procedure of the Russian Federation, civil cases must be considered within 2 months from the date of filing the claim. According to the Code of Administrative Offenses (Article 31.1), the court order must be implemented within 10 days.

Returning a car to the dealership is a long and difficult process . But if you approach it wisely, you can always win the case, since the courts largely show loyalty to buyers of low-quality cars.

Video on the topic

We invite you to watch a useful video on how to return a car to a car dealership:

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Returning a used car to a car dealership

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

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

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

Reasons for returning a car within 14 days

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

replacing the product with a similar one in good condition;

return of money for the car with termination of the purchase and sale agreement.

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

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

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

Read more: How to register a motorcycle with the traffic police
In what cases can you return a car after 15 days?

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

During operation, significant defects were identified;

the dealer violated the deadline for eliminating defects;

the machine was repaired for more than 30 days over 12 months, which created obstacles to using the equipment for its intended purpose.

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

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

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

How to return a used car back to the dealership?

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

How to write a complaint?

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

name of the seller, his location and contacts;

Full name of the consumer, his address and telephone number;

date and number of the contract;

list of detected defects;

demand to return money;

date and signature.

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

The following must be attached to the application:

identification;

contract of sale;

check;

service book;

work order.

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

How to conduct an examination?

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

The research is carried out in several stages:

The car is inspected with photos and videos of defects.

The expert assesses the volume and severity of the identified deficiencies.

The cost of restoration repairs is calculated.

A report is drawn up.

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

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

What to do if the dealer refuses to return it?

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

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

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

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

Legal assistance when returning a car to a car dealership

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

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

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Returning the car to the dealership

The discovery of serious defects in a new car that are incompatible with comfortable use for its intended purpose is an absolute reason to return the car to the seller. Knowledge of certain rules of the law and confidence in one’s own rightness will help to avoid an unreasonable refusal to accept low-quality goods.

How can an auto lawyer help when returning a car to a car dealership?

return the full cost of the car;

collect a fine of 50% of the cost of the car in your favor;

recover legal costs (cost of services of a lawyer, expert);

collect a penalty for each day of delay;

save your time.

Our lawyers

Andrey Sergeevich Vagner

Lawyer, more than 22 years of practice

Education and career

— St. Petersburg University of the Ministry of Internal Affairs of Russia
Civil law, family law, corporate law, consumer protection, administrative law, housing law

Artem Andreevich Matrenin

Lawyer, more than 7 years of practice

Education and career

— Saratov Law Institute of the Ministry of Internal Affairs of Russia
Disputes with insurance companies (OSAGO/CASCO), accident investigation in the traffic police and court, civil law, administrative law

Oleg Yurievich

Lawyer, more than 10 years of practice

Education and career

— St. Petersburg State University of Economics and Finance
— St. Petersburg University of the Ministry of Internal Affairs of Russia
Investigation of road accidents in the traffic police and court, administrative law

After purchasing the car, problems arose with its operation:

Steering fault

Strong vibration when driving

ABS system malfunction

The identified deficiencies could not be eliminated and it was decided to return the car to the dealership. The dealership refused to voluntarily return the money for the faulty car.

780,000 rub. - cost of the car

RUB 2,551,150 - we recovered in favor of the buyer

Returning the car to the dealership within 15 days after purchase

Step 1: Inspection of the car at a service center, the result of which should be an official conclusion about the detected deficiencies.

Step 2: Drawing up a claim with a consistent and reasoned statement of the essence of the problem, indicating specific defects and a requirement to terminate the car purchase and sale agreement. At the end of the text of the complaint, it would be appropriate to focus the seller’s attention on the fact that in the event of no response, you reserve the right to go to court. A copy of the report from the service center is attached to the claim with the appropriate note.

Step 3: Transfer of the complaint to the representative of the selling company. Despite the fact that returning a car of inadequate quality is your right, refusal to accept the claim is still possible. The way out of this situation would be to send it by mail with a mandatory mark indicating receipt of the letter by the addressee.

Step 4: The seller has exactly 20 days to review the claim and make a decision. After this time, an official response should be sent to you. If your requirements are satisfied, you will be able to return the car to the dealership for a refund of its full cost or exchange it for an equivalent one of adequate quality. As an alternative, you have the right to purchase a car of a different model to replace the returned one with a recalculation of the purchase amount in any direction.

Step 5: Refusal to satisfy the buyer's requirements must be justified. Therefore, if you do not agree with the seller’s arguments, it makes sense to seek legal protection. It is possible to refuse to accept a vehicle due to failure to comply with the deadline for filing a claim. In this case, the seller can calculate the period of 15 days from the date of conclusion of the purchase and sale agreement. In this case, the law is entirely on your side, since the starting point is the moment of actual transfer of the car to the buyer, the date of which, as a rule, differs upward from the date of conclusion of the contract.

Step 6: You can initiate legal proceedings even if there is no response to the received claim. However, you should first make sure that the response was not due to the fault of the seller.

After 15 days, you can return the car to the dealership in the following cases:

Significant shortcomings of the vehicle were discovered.

The maximum deadline for eliminating identified deficiencies has been violated. Which is no more than 45 days (i.e. the car cannot be at the service station for more than 45 days).

Inability to operate a car (motorcycle) during the warranty, 30 days a year, due to the constant elimination of various deficiencies. If every month you have to repair a vehicle for 3 days (3*12=36 days), the car can be returned to the dealership.

Returning the car under warranty

Step 1: Compliance with the procedure for inspecting the car and filing a claim. In this case, refusal to accept it may be motivated by the expiration of the warranty period. Here, the provision of the same Law “On the Protection of Consumer Rights”, which defines a car as a technically complex product, is in your favor. That is, it is assigned a state guarantee, which is valid for 2 years from the date of purchase. Therefore, if faults are detected that cannot be eliminated, the seller is obliged to accept the car and send it to a service center for examination.

Read more: Contract for the sale and purchase of a car, vehicle, trailer
Step 2: If you disagree with the examination conclusion, you have the right to entrust its production to independent specialists. This should only be done if you are completely confident in a positive result, since you will have to bear all the costs of paying for the expert’s services yourself. We must not forget that returning a car under warranty is possible only in exceptional cases. Therefore, the expert’s opinion must contain not only a list of faults, but also information on how much their presence may affect the ability to use the car for its intended purpose.

Step 3: An expert’s conclusion that the car has faults that make it impossible to operate is an ironclad basis for returning the vehicle to the seller. In case of refusal, the last argument remains - going to court, after which the return of the car to the car dealership, according to the law, will most likely be forced. In this case, you will be able to recover from the seller all the expenses you incurred, including the amount spent on paying for the examination.

Free legal advice from Andrey&Femida auto lawyers will help you get your new car returned to the dealership according to the law both during the warranty period and after, resolve this issue pre-trial, and advise you on how to file a pre-trial claim.

Returning a car to an individual

The most energy-consuming of all existing ones is the procedure for returning a car of inadequate quality if the seller is an individual. Claim methods, as a rule, do not work here, so all that remains is to sue. However, the court will rule in your favor only if the terms of the purchase and sale agreement are violated, since the individual does not provide a guarantee for the goods he sells. So, if during the operation of the car you discover a breakdown or technical malfunction in it that was not reflected in the contract, you can organize an examination. Without an expert’s opinion, returning the car to an individual in St. Petersburg is hardly possible, since you will not be able to prove in any other way that the malfunction occurred before you became its owner.

Our auto lawyers will help resolve the dispute with the car dealership in your favor!

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What to do if you bought a used car at a car dealership and want to return it

There are many organizations and individuals involved in the sale of used vehicles. In this situation, it is especially important to receive information on how to protect your rights. And know what you can do in general, and what requirements are prohibited.

Is it possible to return used cars to a car dealership?

According to current legislation, cars are considered technically complex goods. Therefore, a return is not possible if the quality was initially considered excellent, or the buyer simply did not like the vehicle.

But there are situations when the right to return appears:

Detection of serious deficiencies in the vehicle.

The company's refusal to repair the car.

Failure to comply with troubleshooting deadlines.

Inability to use the vehicle for more than 30 days due to repeated warranty repairs.

The main requirement in this case is to record all identified problems. After this, you can contact the car dealership with a complaint, also in writing.

If these steps do not lead to any result, then a trial is scheduled. It is necessary to conduct an additional examination to establish the causes of malfunctions and the time of their occurrence.

Which option is better for purchasing used cars?

Some people prefer car dealerships rather than private sellers. The cost of such a purchase increases, but buyers also have advantages.

Among which:

Additional diagnostics carried out at the expense of the seller.

Obtaining a guarantee for the stable operation of all nodes.

Carrying out additional preparation before the sale.

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

Step-by-step instruction

In this case, the procedure can be described in more detail as follows:

Recording of all noticed malfunctions in writing.

Filing a corresponding claim, also in writing. Or a statement that the buyer is terminating the agreement with the company and demands a refund.

Conducting an examination, preferably independent.

Going to court if the previous stages were unsuccessful.

Enforcement of court decisions.

Receiving funds from the car dealership if the case is won.

Return of the car.

You can also process a return if all deadlines have passed. After all, some flaws require more time or more serious efforts to detect them.

Reasons for return

Often the reason for such statements may be the concealment of information that the vehicle had defects. Or that there was some kind of encumbrance.

What are warranty repairs and what rights does the consumer have? See here.

After a vehicle is involved in an accident, the recovery procedure does not always meet the requirements set by regulatory authorities. Until a certain point, the consumer may not be aware at all that any repair work has been carried out.

Returning a used car to a car dealership.

Another option is to purchase cars with significant defects, although the vehicle has not been involved in an accident. At the same time, a used car can be returned even without warranty if any defects are discovered.

The reasons may be any identified deficiencies:

Unstable engine operation.

Reduction or disappearance of revolutions.

A signal appears indicating the need to “check the engine.”

There is a need to replace the structure.

The list of acceptable grounds is far from complete. The buyer has the full right to return the product or exchange it if the seller has not reported existing defects in advance. One of the acceptable requirements is full compensation of costs incurred.

The main thing is to provide as much evidence as possible that the problems arose before the vehicle was directly delivered to the consumer.

Significant disadvantages

Only a truly serious defect is recognized as grounds for return to the car dealer. The law describes this issue in detail.

Defects that meet the following requirements are considered serious:

Which cannot be eliminated.

When repairs can be carried out, but at too high a cost in terms of money and time.

Defects that reappear after initial repair work has been carried out.

Is it possible to return the car to the dealership under warranty? Find out by following the link.

Only if one of the above conditions is met, the client has the right to submit a written claim to the seller. One of the main pieces of evidence is often the opinions of independent experts.

This document fully describes both the deficiency itself and the measures necessary to eliminate it. In addition, the buyer has the right to demand a refund or compensation if he was refused repairs at all, or if this type of work was replaced with regular diagnostics.

Used car - is it possible to return it to the dealership?

The document is sent by mail, with an inventory and notification of delivery, if the seller refuses to accept it in person or does not agree to mark it.

The possibility of a return remains even if the deadlines are missed. But in this situation it is definitely impossible to do without an independent examination. At the same time, the owners of a car dealership do not have the right to make demands for compensation for the amount by which the vehicle has become cheaper over a certain period of time.

What can be recovered through court?

Claims may consist of the following types of penalties:

Costs associated with the use of legal services.

A fine of up to 50% of the cost in favor of the consumer.

Compensation for moral damage, if its existence is proven.

Penalty for violation of deadlines for satisfying demands on the part of the plaintiff. Usually this is 1% of the cost of the car, the amount is charged for each day of delay.

Total price of the vehicle.

Statement of claim

A claim always becomes the basis for initiating legal proceedings on a particular claim. Articles 131-132 of the Civil Procedure Code of Russia are specifically devoted to issues related to the preparation of documentation.

The main thing is to take care of providing passport and contact information for each party. All information relevant to the case must be indicated. It will be useful to refer to the regulations that make this or that action possible.

After all, the cost of a claim is always higher than that of cases considered by the world court.

About independent examination at the expense of sellers

If the client is not satisfied with the results after the inspection, which he organized himself, you can ask for the procedure again, only now make sure that the seller pays. This is a legal right available to every citizen.

What are the nuances when buying a car at a car dealership? Answer in video:

The timing of the verification depends on what kind of request is received from the buyer. If it is a machine replacement, it may take up to 20 days. In case of a refund, the examination takes a maximum of ten days.

But one can rarely count on the objectivity of such checks. After all, it is the sellers who choose the specialists who will do this.

Conclusion

Problems during return can arise even with new cars, let alone vehicles that have already been in use. Therefore, it is recommended to involve lawyers with sufficient knowledge and at least minimal experience in this field.

In most of these situations, litigation cannot be avoided. You should stock up on additional materials on protecting your rights. Support from specialists will also never be superfluous.