How to terminate a car purchase deal

Termination of a car purchase and sale agreement between individuals

A vehicle purchase agreement is a documented transaction between the seller and the buyer. According to the contract, one party (seller) is obliged to provide the other party (buyer) with goods (vehicle). The buyer, in turn, must accept the vehicle and pay the agreed amount for it (Article 454, Part 1 of the Civil Code of the Russian Federation). If the parties to a transaction are honest with each other, then usually they have no claims against each other after the conclusion of the contract. But the opposite also happens - when there is an urgent need to terminate the car purchase and sale agreement at the initiative of the buyer.

In what case can you terminate the contract?

Termination of the DPA is regulated by the provisions of Article 450, Part 2 of the Civil Code of the Russian Federation, which states that:

At the request of one of the parties, the agreement may be. terminated by court decision. in case of significant breach of contract by the other party. A violation of the contract by one of the parties is considered significant, which entails such damage for the other party that it is significantly deprived of what it had the right to count on when concluding the contract.

Thus, reasons such as “I changed my mind” or “I didn’t like the car” are not weighty enough from the point of view of law, since it is possible to terminate the contract for the sale and purchase of a car and return the money only if the seller has significantly violated the terms of the contract. In this case, the buyer receives such damage associated with the purchase of the car that we can safely say that the quality of the vehicle clearly does not correspond to what was stated in the agreement. Often this situation can be observed when the seller deliberately keeps silent about hidden problems in the vehicle.

During a superficial inspection of the car, it is sometimes impossible to determine the presence of hidden defects, but they begin to emerge during intensive use. This also applies to legal problems with the car, which will make themselves felt later. Intuitively, the buyer understands that if the car was purchased from a legal entity, for example at a car dealership, then it will be easier to influence him by contacting the appropriate authorities. But is it possible to terminate a car purchase and sale agreement with a private person? Russian legislation equally places responsibility for the honest execution of the policy on both legal entities and their citizens.

How to terminate a purchase and sale agreement

Damage to the buyer is not always caused by the seller’s dishonesty. Sometimes it may happen that a breakdown occurs due to wear and tear of parts, which the selling party may not have been aware of. That is why the Civil Code of the Russian Federation provides for the opportunity to try to terminate the contract by mutual agreement. If the buyer contacts the seller with a demand to cancel the transaction and provides evidence of the damage received, then according to Article 452 Part 1 of the Civil Code of the Russian Federation:

Agreement. termination of the contract is made in the same form as the contract, unless otherwise follows from the law, other legal acts, contract or customs.

This means that the parties can draw up an appropriate agreement, which in its form will be similar to the previously concluded document. It will record the fact that the vehicle’s contract has been terminated.

Video response

Sample agreement to terminate a car purchase and sale agreement

The agreement of the parties that the contract is terminated contains the following information:

basic information about the parties to the agreement (seller and buyer);

number and date of conclusion of the policy agreement;

a clause stating that all obligations terminate mutually upon its termination;

date and signatures of the parties.

It would be very prudent to attach a vehicle acceptance certificate to the agreement, which will indicate that there are no claims regarding the condition of the returned vehicle. Based on the above, the form for terminating the car purchase and sale agreement will look like this:

But what should a buyer do if the seller refuses to meet halfway and enter into an agreement? Then the Civil Code of the Russian Federation provides for the possibility of solving the problem of the injured party in court.

Requirement. termination of the contract can be filed by a party in court only after receiving a refusal from the other party to the proposal. terminate the contract or failure to receive a response within the period specified in the proposal or established by law or contract, and in its absence - within thirty days.

Article 452 Part 2 of the Civil Code of the Russian Federation

You can prove that you received a refusal from the seller, or did not receive a response at all, only if you sent a claim (demand) to him by registered mail with notification - as required by the mandatory claim procedure. Only after this (or after 30 days) can the buyer file a claim to terminate the car purchase and sale agreement. What information and in what order is indicated in the corresponding claim is shown in the form below

Contact our lawyers for help (by phone at the top of the page or with the help of an online consultant), they will sign you up for a consultation where they will help you prepare documents for the court.

Invalidation of a car purchase and sale agreement

How to cancel a car purchase and sale agreement is already known:

by signing the relevant agreement;

by filing a claim in court.

At what point does the policy become invalid? Only after termination of the contract can you get back your money paid for the purchase of the car. Such information is contained in Article 453, Part 3 of the Civil Code of the Russian Federation:

When. Termination of the contract obligations are considered. terminated from the moment the agreement between the parties was concluded. on termination of the contract, unless otherwise follows from the agreement. and at. termination of the contract in court - from the moment the court decision enters into legal force. about termination of the contract.

If the buyer suffered losses due to a terminated contract, which was canceled on the basis of its material violation, then he can demand compensation from the seller. This right is enshrined in Article 453, Part 5 of the Civil Code of the Russian Federation.

Video response on termination of contract

Terms for terminating a car purchase and sale agreement

When can I go to court with a request to terminate a car purchase and sale agreement? The Civil Code mentions such a concept as “limitation period” - the period during which the rights of the victim can be protected in a lawsuit.

According to Article 196 Part 1 and Article 200 Part 1 of the Civil Code of the Russian Federation, the general limitation period is three years from the moment the victim discovered the fact of a violation of his rights. Of course, it would be unreasonable to make a claim against the seller after a year that the engine has failed or the gearbox on the car has broken down. In this case, you will have to prove that it is not your fault. In general, the protection of your rights as a defrauded buyer in a claim will be valid for 3 years.

If you still have questions, or your situation is individual and requires a competent legal approach, consult with a lawyer. Remember that the legislation describes general cases of solving problems, but only specialists can solve them with minimal resources!

Question answer

When the seller has materially breached the terms of the contract and the buyer suffers damages in connection with the purchase of the vehicle.

With mutual consent, the seller and buyer can draw up an agreement to terminate the contract.

basic information about the seller and buyer;

number and date of conclusion of the policy agreement;

a clause stating that all obligations terminate mutually upon its termination;

date and signatures of the parties.

Below in our article.

It is necessary to go to court.

After the termination of the policy in connection with the conclusion of a termination agreement or from the moment a court decision to terminate the contract enters into legal force.

The statute of limitations is 3 years from the moment the victim discovered the violation of his rights.

How to terminate a car purchase and sale agreement and return the money?

The transfer of a car from the seller to the buyer requires the execution of a purchase and sale agreement. With the help of the above document, the transaction acquires legal validity, which guarantees that the parties comply with all the terms of the written agreement. The agreement can be terminated by mutual consent of the participants or unilaterally. In the latter case, the seller or buyer is assumed to have violated their obligations under the car purchase and sale agreement. How to terminate a deal and what grounds there may be for this will be discussed later in the article.

Grounds for terminating a car purchase and sale agreement

The written agreement can be terminated at the mutual desire of the parties by drawing up a special settlement agreement, or unilaterally if the seller or buyer violated the essential terms of the transaction.

The grounds for terminating a car purchase and sale agreement may include:

• If the seller wishes to terminate the agreement to transfer the car:
  • the buyer does not accept the vehicle within the prescribed period;
  • the funds for the car were not fully or partially paid by the second party to the transaction;
  • the buyer’s refusal to carry out the insurance procedure if this obligation was assigned to him under the agreement;
• If the buyer expresses a desire to terminate the contract for the sale and purchase of a car:
  • the transfer of the vehicle was carried out in violation of the deadline;
  • the seller provided an incomplete set of documentation;
  • the technical characteristics of the car differ from those agreed upon in the written agreement - the car has a different color or model;
  • the car transferred under the purchase and sale agreement is of inadequate quality - the buyer discovered defects that were not discussed in advance by the parties;
  • You can terminate the deal if the car is delivered incompletely;
  • evasion of the seller's obligation to carry out the insurance procedure;
  • the subject of the written agreement is pledged.

To terminate a car purchase and sale agreement, you should read the step-by-step instructions, which will be discussed later in the article.

Procedure

If the buyer identifies technical problems with the vehicle or if the seller does not receive funds in full, the question of canceling the transaction arises. It is worth noting that the law allows termination of a car purchase and sale agreement at the initiative of the buyer, seller, or by agreement of the parties.

The interested party must adhere to the following algorithm of actions:

• filing a claim with recording of the circumstances that are the basis for termination of the car purchase and sale agreement. The complaint is transmitted to the other party by registered mail with acknowledgment of receipt. If the response to the request is positive, the participants draw up a settlement agreement;
• if a response to the claim is not received within 30 days or the person refuses, then the car purchase and sale agreement can be forcibly terminated by going to court;
• the plaintiff collects evidence in favor of his claims, draws up a statement of claim and pays the state fee;
• After careful consideration of all the circumstances of the case, the judge makes a decision to satisfy or, conversely, reject the claim.

You should try to terminate the car purchase and sale agreement through a claim procedure before directly going to court. If a successful combination of circumstances occurs, the seller receives the vehicle back, and the buyer receives the money.

If the parties are individuals

Concluding a transaction between individuals most often involves the transfer of a used car, which is sometimes fraught with the emergence of various kinds of problems. The purchase and sale agreement can be terminated peacefully with the consent of both parties to carry out this procedure:

• if the original document was not certified by a notary, then it is enough to tear up the existing copies;
• if notarization was applied to the car purchase and sale agreement, then the transaction should be terminated with the involvement of a notary;
• If the car has successfully passed re-registration at the traffic police department and ownership has completely transferred to the new owner, then it is recommended to re-draw up the purchase and sale agreement and carry out the re-registration. In this case, the parties change places - the original seller acts as the buyer.

If the written agreement cannot be terminated by an oral settlement of the issue, then a claim should be filed in the name of the seller or buyer. The text of the complaint displays the following information:

• information about the parties to the transaction;
• data about the car - technical characteristics, price under the sales contract, etc.;
• details of the main agreement;
• the grounds that prompted the applicant to terminate the transaction;
• expressing a request to cancel a written agreement voluntarily;
• inform the recipient of the claim about the initiation of legal proceedings if the issue cannot be resolved amicably;
• date, signature.

The contract for the sale and purchase of a car must be terminated in court after a month has passed, after sending the complaint.

A sample claim can be downloaded from this link .

When buying a car at a car dealership

The transaction for the purchase of a vehicle at a car dealership is regulated, in addition to the Civil Code of the Russian Federation, also by the law on ZPP. It is worth noting that the car is not subject to the rule of returning goods within 2 weeks, since the object belongs to the category of technically complex goods. It is possible to terminate a car purchase and sale agreement only if there are significant defects or, more simply put, a manufacturing defect.

The procedure in this case is as follows:

• contact the car dealership and indicate the reason for the dissatisfaction. Express a demand to terminate the sales contract and return the funds previously paid for the car. You can also request that the product be replaced with another of appropriate quality;
• if management refuses, then a claim is filed. It is sent by registered mail with mandatory notification of delivery to the general director of the company;
• If no response is received within 30 days, the buyer who wishes to terminate the car purchase and sale agreement appoints an independent examination to identify all existing defects. The seller is informed about the procedure;
• This is followed by going to court with the prepared evidence.

Terminating a sales contract with a car dealership voluntarily is an extremely difficult undertaking. Pre-trial settlement of the situation rarely ends with the conclusion of a settlement agreement and the return of money for the purchased car. We’ll look at how to terminate the purchase and sale agreement for used vehicles below.

Features of terminating a purchase and sale agreement for a used car

A transaction to purchase a used vehicle can be terminated either at the initiative of the seller or the buyer. Buying a used car carries the risk of unexpected defects being discovered during its use. To avoid negative consequences and worries in the future, you should first carry out a technical inspection of the subject of the purchase and sale agreement . This will help to identify at an early stage of the transaction the presence of worn parts on the car, which can lead to breakdown.

You can terminate a written agreement without bringing the matter to court. To do this, you should discuss the issue peacefully and try to conclude a settlement agreement. The document should record the fact of voluntary transfer of the car back to the seller and money to the buyer. It is worth noting that the seller’s concealment of various types of defects in the car or the provision of knowingly false information about the technical characteristics of the vehicle transferred under the purchase and sale agreement is unacceptable. In this case, the buyer has the priority right to terminate the transaction.

Going to court

If during the claim settlement of the situation no mutual understanding was reached and it was not possible to terminate the car purchase and sale agreement, then the party infringed on its rights has the right to go to court. The claim is filed at the place of residence of the seller or buyer. Depending on the cost of the claim, you should contact:

• magistrate's court - if the issue price is up to 50 thousand rubles;
• city ​​court - from 50 thousand rubles and above.

A car purchase and sale agreement can be terminated in court within 3 years from the date of violation of the rights of a participant in the transaction.

Step-by-step instructions for filing a lawsuit require the following actions by the plaintiff:

• preparation of related documents:
  • duplicates of the statement of claim, according to the number of parties - 3 copies;
  • identity card of the applicant wishing to terminate the agreement in court;
  • receipt of payment of state duty. Its size depends on the price of the claim and ranges from 400 to 60 thousand rubles;
  • car purchase and sale agreement and transfer deed;
  • a written receipt confirming the transfer of funds;
  • a copy of the complaint sent to the defendant by registered mail, confirming the attempt to terminate the purchase and sale agreement pre-trial;
  • an independent expert’s opinion on the technical condition of the vehicle transferred under the purchase and sale agreement;
• filing a claim;
• payment of state fees when filing a claim and documents;
• taking part in court hearings;
• hearing the verdict.

To terminate a deal, you should prepare a good evidence base that will convince the judicial commission of the legality of the requirements. If the decision in the case is positive, then the contract for the sale and purchase of the car is canceled, and the vehicle and money are returned to the participants. The defendant is also charged with covering the financial costs of the plaintiff in connection with organizing an independent examination and paying state tax when initiating legal proceedings. If it was not possible to terminate the written agreement in court, the person who lost the case may file an appeal with the provision of new evidence. The trial can last from one month or more.

Sample statement of claim

To terminate a car purchase and sale agreement in court, the primary document that should be prepared is a statement of claim. Its correct execution is a guarantee that the application will be accepted by the court for consideration as soon as possible. Corrections or deliberately false information are not permitted in the paper.

The content of the statement of claim must contain the following information:

• the name and location of the court where the plaintiff applied to terminate the car purchase and sale agreement;
• information about the plaintiff and defendant - full name, place of registration, contact number, passport details;
• price of claims and calculation of the amount of state duty;
• circumstances of the case:
  • the date of conclusion of the purchase and sale agreement that is about to be terminated;
  • main characteristics of the car - make, model, year of production, body number, engine number, VIN code;
  • purchase price;
  • the date of signing the transfer deed to the purchase and sale agreement and details of the receipt according to which the transfer of funds for the car was executed;
• information about the discovery of various types of defects or new circumstances of the case and record the fact of an attempt to terminate the transaction in a pre-trial manner;
• express a request to cancel the written agreement and return the money previously paid, as well as oblige the defendant to pay legal costs;
• list of attached documents;
• date of filing the statement of claim and certifying signature of the plaintiff.

You can terminate a car purchase and sale agreement in court if you present strong evidence in your favor. If the court considers the grounds to be significant, then the claims of the injured party will be satisfied. If the culprit ignores the ruling of a judicial authority, it requires contacting the bailiff service. The writ of execution will be the basis for the enforcement of the court decision.

To terminate a written agreement, you should carefully prepare all the necessary copies of documents and the claim. A sample statement of claim for termination of a car purchase and sale agreement can be downloaded here .

How to terminate a car contract in pre-trial and judicial proceedings?

The purchase of a car is confirmed by drawing up a purchase and sale agreement between the participants, which means the transfer of ownership of the vehicle from one owner to another for a certain cost. A legally correctly executed transaction does not provide for cancellation of actions. But in some cases, the contract can be terminated, including by resorting to the help of judicial authorities.

How does termination occur by agreement of the parties and at the initiative of one of the parties? What documents are needed for this and how does the termination procedure work? How to challenge and terminate a car’s contractual contract through court and what is needed for this? What is a statement of claim for termination of a car’s contractual contract, how should it be drawn up correctly, what regulations and laws should be referred to in the application, where and how to submit the application? We will try to answer all these questions in this article.

Is it possible to terminate a car purchase and sale agreement?

As a rule, transactions for the sale of cars between individuals refer to used vehicles. There are often cases when, after making a purchase and completing all the documents, the buyer is in for a surprise regarding the technical condition of the car. These circumstances are mainly caused by the desire to terminate the previously concluded contract. But this will not be so easy. Current legal provisions designed to protect consumer rights apply to relationships between citizens and organizations. Transactions in which both parties are individuals are not regulated by the consumer protection law. However, you can try to challenge the previous purchase and sale actions. The Civil Code allows a transaction to be declared invalid in court, by agreement of the parties, or if one of the participants refuses to fulfill the terms of the contract.

Grounds for termination of the contract

The desire to terminate a car purchase transaction usually arises when technical problems are discovered that were not previously taken into account or for other reasons. If the car was purchased at a dealership, then it is not so difficult to invalidate the transaction. The following factors serve as the basis for a refund:

• The car does not correspond to the technical description. Similar cases arise when purchasing a vehicle on order, when the buyer can see the car only after the transaction has been completed;
• Significant technical deficiencies were discovered during operation. Moreover, the defects were present even before the transfer for use began. But if the buyer was informed in writing of the presence of certain defects, it will not be possible to return the purchase for this reason.

Thus, it will be possible to terminate the transaction if there are significant grounds, which means a violation of the contract by one of the parties, in which the other party suffers significant losses. Terminating a car purchase and sale agreement between 2 individuals is a little more difficult, but still possible. And if it is not possible to reach a mutual agreement between the parties, you will have to resort to arbitration.

Termination of the contract at the initiative of the buyer

Purchasing a used car involves certain risks. The successful completion of the transaction largely depends on the integrity of the seller. But there are often cases when, after completing the contract and receiving the car into ownership, the buyer finds significant defects and shortcomings, the presence of which was not agreed upon in advance. With the naked eye, during a quick inspection of the car, it is very difficult to recognize the presence of faults, and quite often sellers hide the participation of vehicles in an accident. All these factors can soon lead to expensive repairs, which becomes an unpleasant surprise for the buyer.

Unfortunately, canceling the deal in this case is not so easy. The buyer must refer to Art. 450 of the Civil Code of the Russian Federation, which recognizes a transaction as invalid if one of the parties is completely unwilling to fulfill the terms of the contract. But you should not rely on the provisions of the law on the protection of consumer rights, since this legislative act regulates relations only between individuals and organizations. To avoid such situations, you should not skimp on diagnostics, which is very important when buying a used car. This information will be useful in the future in case of conflict situations.

Termination of the contract by agreement

Initially, it is worth trying to get the transaction declared invalid by agreement between the parties. To do this, you need to point out to the seller the defects found in the car, and then demand a refund. In the case of an agreement, the fact of termination must be recorded in writing. If the seller refuses to return the money, you will need to file a claim that will contain the following information:

• List of automobile defects;
• Request for refund of the amount paid;
• Notification that if no agreement is reached, the claim will be sent to the judicial authorities for consideration.

The claim is sent to the seller by registered mail. A response is expected within a month. If there is no reaction from the other party to the transaction, the letter can be sent to the court. In this case, the owner of the vehicle, that is, the buyer, must also notify the seller in writing that he has filed a claim in court. In some cases, the seller himself is interested in terminating the car sale transaction. In such situations, we are talking about the buyer’s overdue debt and his refusal to transfer the full amount for the received car. The actions of the injured party are the same as when terminating the contract at the initiative of the buyer. Initially, it is necessary to send a letter of claim to the second party to the transaction, offering to repay the debt or return the property received. In case of inaction, further dispute will be resolved with the involvement of judicial authorities.

Termination of the contract in court

The trial is conducted at the place of registration of the seller (defendant), unless otherwise specified in the contract. Before filing an application, the plaintiff must pay the court fee in full. The statement of claim must contain all the details of the purchase of the car and its further operation. It is very important to describe all technical deficiencies discovered during the use of the machine and not previously discussed. The amount of damage caused and the amount of additional costs for repairing the vehicle are indicated. The statement of claim must refer to the provisions of the Civil Code that allow the transaction to be declared invalid. It is also worth justifying the amount that is presented to the seller for return. The amount of compensation should consist of the cost of the car and repair costs. When submitting documents, the following must be attached to the application:

• Payment of court fees;
• Notarized copies of the purchase and sale agreement, transfer and acceptance certificate;
• A copy of the complaint sent to the seller.

During the trial, it is necessary to require an independent forensic examination, which is capable of identifying all the defects of the machine, including hidden ones. If the case is successful for the buyer, all costs, including legal costs, must be covered by the seller. However, if the court decides to leave the purchase and sale agreement unchanged, the costs of the examination will fall on the shoulders of the buyer. Nevertheless, you should not refuse to conduct technical analysis. After all, it is based on the results of these actions that the final decision is made.

Termination of contract with a car dealership

There are also frequent cases of claims from car buyers against car dealerships. Even new cars have flaws or defects. A previously ordered car may be equipped with incomplete equipment that contradicts the terms of the deal. Another reason for returning vehicles is a manufacturing defect, the elimination of which is impossible or requires expensive repairs. There are also cases when the buyer purchases a car as collateral, that is, he does not actually become the full owner. Resolving the issue in this situation will be easier than when buying a used car. In this case, the current consumer protection law is on the buyer’s side.

The steps to restore the damage are the same as in other cases - a letter of claim is sent to the car dealership, which notifies the seller of the presence of all defects in the sold product. The car dealership's refusal to fulfill its obligations will be grounds for going to court. During the trial, it is necessary to require an independent examination. In most cases, the court takes the side of the injured party.

How to avoid litigation?

The best solution for the seller and buyer will be a pre-trial settlement of the conflict that satisfies both parties. Going to court is additional costs that one way or another will have to be paid by the guilty party in addition to the amount of compensation for damage. In the case of purchasing a car through dealerships, dealers may offer to reduce the initial purchase price and carry out repairs at their own expense. In order to avoid unpleasant situations in the future, before purchasing a vehicle, it is recommended to take the following actions:

• Carry out a complete diagnostic of the purchased used car;
• Check the information about the purchased car with the traffic police: whether it is listed as stolen, or whether it has other restrictions on registration;
• Check the availability of car documents, make sure that the car is not pledged;
• Pay attention to drawing up the contract, and if necessary, entrust the procedure to professionals.

If you take the purchase of a car, even a used one, seriously and first check all possible data, you can avoid unpleasant situations associated with fraudulent activities in the future. The most optimal and cost-effective way would be to terminate the contract by agreement. If it is impossible to resolve the conflict peacefully, you will have to turn to the judiciary to obtain compensation and damages.

Conclusion

Termination of a previously concluded car purchase and sale agreement is possible, including in court. However, in order not to resort to extreme measures, it is worth trying to resolve the dispute peacefully with the other party: the car dealership, the buyer, the seller. The court will need to present valid evidence, so there is no point in skimping on technical diagnostics. The costs are usually borne by the party at fault.

Grounds and procedure for terminating a car purchase and sale agreement. How can I get my money back?

The buyer and seller, concluding a purchase and sale agreement (SPA), have no plans to terminate it.

But sometimes circumstances arise when one of the parties grossly violates the terms of the contract, and yet there is a need to do this.

In this article we will tell you whether you can cancel your policy after purchasing a car, and how you can get the money back.

Is it possible to cancel the transaction and return payment for the purchased vehicle?

After signing the DCP, there may be a need to cancel it if for some reason it ceases to suit one of the parties. If the other party does not object, then termination can take place by mutual agreement . In this case, you can return the money without any problems.

If the counterparty does not agree to termination, you should go to court, but only if the other party fails to fulfill its obligations under the agreement. When all the documents have been handed over to the buyer and the car has been registered, the chances of winning the case are slim unless there are serious technical problems.

What are the acceptable grounds for its cancellation?

Good reasons for terminating the contractual contract of a technically complex product in accordance with Articles 18, 20 of the Law of the Russian Federation No. 2300-1 “On the Protection of Consumer Rights” are:

• identification of a significant defect in the vehicle;
• violation of the statutory 45-day period for eliminating vehicle defects;
• exceeding the total 30-day warranty repair period for the machine during the year due to various deficiencies.

How to terminate a contract?

A car can be purchased from both a legal entity and an individual.

• In the first case, the buyer can seek cancellation of the contract under the Law “On Protection of Consumer Rights,” which gives him a chance to also receive compensation payments.
• In the second case, you should act based on the Civil Code of the Russian Federation, but you should not count on additional payments.

With a car dealership (legal entity)

The reason for terminating a contract with a legal entity is usually inadequate quality of the car , unless the deficiencies were specified in the contract.

According to Article 475 of the Civil Code of the Russian Federation, the buyer has the right to refuse the concluded agreement and demand that the seller return the amount of money paid, subject to the discovery of significant deficiencies. These may be defects that require disproportionate monetary or time costs to repair, as well as defects that periodically appear after repairs.

First, you need to send a claim to the general director of the car dealership; if a response is not received within a month and the issue cannot be resolved out of court, then the next step is to file a lawsuit. It will be necessary to draw up a report indicating the existing defects and conduct a technical examination. Representatives of both parties may attend. The court will make a decision based largely on the expert opinion.

With individuals (after purchasing a used car)

Very often, cancellation of a contract occurs between individuals when purchasing a used car on the initiative of one of the parties or by mutual agreement by drawing up an agreement to terminate a previously concluded contract.

If an agreement cannot be reached, then you need to write a claim to the seller’s address. If it is refused or ignored, a lawsuit should be filed. But we must keep in mind that in order to win a case, serious reasons are needed:

• concealing hidden defects and even breakdowns from the buyer;
• inflated price that does not correspond to real characteristics;
• the car is collateral.

It is advisable to conduct an independent examination before the trial , since it has a great influence on its decision.

More details about the termination of a car purchase and sale agreement between individuals and how to return a used car are written here.

Defects hidden at the time of purchase of the car may appear over time. The easiest way is to cancel the agreement if the shortcomings appeared within the first 15 days after signing the contract or the car sat for a month under warranty repair. In such cases, the parties usually resolve the issue out of court.

However, it is possible to terminate the contract even after using the car for a longer period of time. The buyer can file a claim within three years from the moment he discovers the fact of a gross violation of his rights, which is enshrined in paragraph 1 of Art. 196 and paragraph 1 of Art. 200 Civil Code of the Russian Federation.

Article 196 of the Civil Code of the Russian Federation. General limitation period

The general limitation period is three years from the date determined in accordance with Article 200 of this Code.

The limitation period cannot exceed ten years from the date of violation of the right for the protection of which this period is established, with the exception of cases established by Federal Law of March 6, 2006 N 35-FZ “On Countering Terrorism”.

How to cancel the transaction and return the car to the seller?

There is always a risk that it will be necessary to terminate a contract that, for significant reasons, no longer suits one of the parties. Doing this is much more difficult than signing a policy.

Termination by agreement of the parties

The easiest and fastest way to resolve the problem peacefully is to annul the contract by agreement of the parties. This form can have two scenarios.

Technical

The technical form of termination is applied with the mutual consent of both parties by destroying a previously concluded DCT if it has not been registered. If a mark has already been placed on the PTS, then it is crossed out and an inscription on the termination of the contract is made with the signatures of the buyer and seller.

If the transaction is registered with a notary and the car is re-registered, you need to formalize the notarized termination of the agreement and re-register the car again.

Classic

This form is usually used if a significant period of time has passed since the signing of the contract. Usually the seller has no desire to return money that he may no longer have. In this case, you should proceed as follows:

1. First, file a claim addressed to the seller, clearly identifying all significant shortcomings and inconsistencies with the characteristics stated in the agreement.
2. Next, you should offer voluntary termination of the purchase and sale agreement with the return of funds and the vehicle, as well as warn about a judicial solution to the problem in case of refusal.
3. The claim is signed, dated, two copies are made of it, then it is sent by registered mail with acknowledgment of receipt.

• Download the claim form for termination of the car purchase and sale agreement
• Download a sample claim for termination of a car purchase and sale agreement

Read our article on how to draw up an agreement to terminate a car’s contractual contract.

How to cancel PrEP unilaterally?

If, after 30 days, the counterparty has not given a positive response to the sent claim, the injured party has the right to file a claim with the judicial authorities, simultaneously notifying the second party to the transaction by registered mail with a photocopy of the statement of claim with notification.

A claim with the required documents can also be sent to the court by registered mail with notification, or you can personally submit it to the court office.

The claim must contain the following points:

1. Court name and address.
2. Full name and details of the plaintiff and defendant.
3. DCP number.
4. A clear explanation of the reasons for termination of the contract.
5. Time of use of the car after purchase.
6. The entire list of defects and non-compliances with the declared characteristics identified during the operation of the car (if the claim is filed by the buyer).
7. Indication of the amount of damage.
8. Request for termination of the concluded contract, return of the paid amount of money or car, payment of compensation payments and legal costs.
9. Date, signature of the plaintiff.

• Download the claim form for termination of the car purchase and sale agreement
• Download a sample statement of claim for termination of a car purchase and sale agreement

The following must be attached to the statement of claim:

• a photocopy of the claim;
• copy of the policy;
• a copy of the claim sent to the defendant;
• receipt of payment of state duty;
• other documents confirming the fact of a gross violation of the plaintiff’s rights and material damage caused to him.

You should also file a petition with the court to order a technical examination of the car , since its conclusion has a significant impact on the court’s decision.

The specifics of unilaterally terminating a policy are discussed here.

When can I get a refund for the vehicle?

You can receive money for the car within 10 days from the date of concluding an agreement to terminate the contract or the entry into force of a court decision to terminate it.

Consequences

In accordance with Art. 453 of the Civil Code of the Russian Federation, after termination of the contract, the obligations of the counterparties under the previously concluded contract are terminated, and the parties return money and goods to each other.

If one of the parties to the transaction fulfilled its obligations in full, and the other - not in full, then measures are applied to him in connection with unjust enrichment in accordance with Chapter 60 of the Civil Code of the Russian Federation.

In the event of a significant violation of the rights of one of the parties, the second party has the right to compensation for losses caused by termination of the concluded agreement.

Terminating a purchase and sale agreement for such an expensive product as a car is a very difficult task with unpredictable results. Therefore, to solve it, you need to thoroughly understand the intricacies of the procedure itself, paperwork, legislation in this area, and also objectively assess your chances of winning the case.

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How to terminate a car purchase and sale agreement

Termination of a car purchase and sale agreement is possible at the initiative of the seller, the buyer, or by agreement of the parties. The grounds for voluntary or forced termination of contractual relations are specified in the Civil Code of the Russian Federation. In this article, we will consider the rules for terminating contracts for the purchase of vehicles, including in the event of a dispute with a car dealership.

General rules for terminating a contract

A vehicle is movable property, and its acquisition occurs through a purchase and sale transaction. If the seller is a car dealership, the legal relationship with the buyer is subject to the provisions of the Law “On Protection of Consumer Rights”. According to general rules, termination of a contract can occur as follows:

• voluntarily - by concluding a mutual agreement;
• forcibly at the initiative of the seller, including through the court;
• at the initiative of the buyer, and the right to unilaterally withdraw from the contract is also exercised in court.

In addition to the grounds for termination of contractual relations fixed in legislative acts, the parties can provide their own conditions. After mutual agreement, these rules are included in the contract and must be strictly observed by the seller and the buyer.

The consequences of termination of the contract will differ significantly, depending on the grounds and initiative of such a decision.

Agreement of the parties

In the absence of a dispute between the counterparties, the contract can be terminated at any time by mutual agreement. The initiator of termination can be any party; to do this, it is enough to send its proposal to the second party to the contract. To avoid misunderstandings, it is better to prepare a proposal to terminate the contractual relationship in writing, hand it over signature or send it by mail.

Let us highlight the most common reasons why a vehicle contract may be terminated:

1. if the car is not actually transferred to the buyer;
2. poor quality of the car or its equipment - in this case the seller avoids a legal dispute, which is fraught with penalties;
3. if the buyer refuses to pay the full cost of the car - in this case, the buyer avoids additional financial sanctions that will inevitably follow the forced collection of the amount under the contract;
4. if the parties have circumstances that they could not have foreseen when concluding the contract, this option implies the consent of both parties to return to the original position, i.e. the car is returned in exchange for the full price under the contract.

A voluntary agreement is drawn up in simple written form, and the parties are not required to indicate the reasons for such a decision. The agreement sets out the following points:

• date and place of signing the document;
• detailed details of the parties, passport and personal data;
• reference to the original purchase and sale agreement that is subject to termination;
• the procedure for terminating mutual obligations under the main agreement;
• the procedure for implementing the agreement - how the car will be transferred, how to determine its technical condition, the procedure for returning funds, etc.;
• conditions for compensation for losses if they were caused by the fault of one of the parties;
• the date on which the contract is terminated.

Upon termination of the contract, the vehicle is returned to the seller. To do this, the parties draw up a transfer deed, which records the technical condition of the machine. It is also possible to indicate this information directly in the agreement - in this case, the document will have the force of a transfer deed. Simultaneously with the return of the car, the keys, technical documentation, necessary equipment, etc. are also transferred to the seller.

Since re-registration of car rights occurs through the traffic police, after termination of the contract, you must submit the agreement to this agency. If, when drawing up an agreement, one of the parties avoids submitting documents to the traffic police, you can file a claim in court to enforce the document.

At the initiative of the buyer

The buyer transfers funds and has the right to expect to receive a car of proper quality and within a predetermined period. If these conditions are violated, the buyer may insist on compensation for losses or make a demand for termination of the contract. Here are some nuances to consider when terminating a contractual relationship:

1. the basis for unilateral refusal of the contract will be a significant violation of its terms on the part of the seller - for example, the presence of hidden defects in the car that the seller was silent about; non-compliance of the machine with the characteristics specified in the contract, etc.;
2. when these circumstances are established, a written request to terminate the contract is sent to the seller;
3. If the buyer refuses to satisfy the demand, he may go to court.

Proving a material breach of contract can be difficult. If immediately after purchase the car had to be repaired several times under warranty, and defects regularly reappeared, the poor quality of the purchased vehicle is obvious.

However, the presence of hidden defects can only be detected by contacting professional specialists - auto experts. If the buyer makes a demand to terminate the contract due to hidden defects, the seller is obliged to conduct an examination. If he refuses or evades the examination, the buyer can carry it out independently through an independent expert (in this case, the costs of the examination will be reimbursed in court).

When purchasing a car at a dealership, 10 days are given for consideration of a claim, unless a different period is agreed upon when signing the contract. When going to court, you will need to confirm that the claim was sent to the seller; to do this, save a second copy of the document with a receipt stamp, or attach a postal receipt to the claim.

Termination of a car purchase and sale agreement with a car dealership may be accompanied by the recovery of damages. The buyer's losses mean all the costs and expenses that he was forced to incur to protect his right. For example, the systematic allocation of funds for the repair of a low-quality car can be considered a loss if supporting payment documents and a car service order are submitted to the court.

The contract is terminated from the moment the judicial act comes into force. The buyer must then return the vehicle to the seller if it was not previously accepted upon filing a claim. The seller is obliged to pay the cost of the car and the penalties specified in the court decision. Enforcement of these requirements will occur through the FSSP service; for this you need to obtain a writ of execution from the court.

At the initiative of the seller

The seller is also given the right to terminate the purchase and sale agreement if significant violations on the part of the buyer cause material damages. The key obligation on the part of the buyer is to pay for the purchased car according to the terms of the contract - in installments or on credit, full payment, etc. If the seller has not received the agreed amount on time, he can take the following actions:

• submit a written claim for repayment of the debt incurred and the possibility of early termination of the contract (the repayment period must be reasonable or comply with the terms of the contract);
• if the demand for repayment of the debt is not fulfilled, a claim can be filed in court for collection of the debt with a penalty, or for early termination of the contract;
• if a claim for termination is filed, the seller has the right to recover penalties or damages according to the rules specified in the contract.

Since early termination is allowed only in case of a significant violation of the terms of the contract, we are talking about a significant amount of debt. A minor one-time delay will not constitute a significant violation if the buyer subsequently eliminated the specified violation. The burden of proving these facts lies with the plaintiff.

If the court decides to terminate the contract, the buyer will be obliged to return the car in exchange for the money paid. It should be borne in mind that the money will be returned taking into account the actual wear and tear of the car, especially if a significant amount of time has passed since the purchase.

Another basis for termination of the contract will be the buyer’s refusal to pick up the vehicle. If money was paid for the car, it will be returned to the buyer minus the seller's actual costs. For example, if the terms of the contract include payment for the delivery of the car, the seller can deduct this money from the payment. The conditions for returning the parties to the original condition will be specified in the judicial act if such a claim is brought by the seller.

The contract may also contain a condition that the buyer enter into a CASCO insurance agreement (as a rule, these requirements are included when taking out a car on credit). Refusal to conclude an insurance contract is also recognized by law as grounds for termination of contractual relations at the initiative of the seller. If such a claim is brought to court, the buyer may enforce the terms of the contract and provide evidence of the purchase of the policy. In this case, the claim may be denied if the terms of the insurance comply with the provisions of the purchase and sale transaction.