Can the buyer return the car to the seller?

Is there a way to return a car purchased second-hand under a sales contract?

Is it possible to somehow return a car purchased second-hand under a sales contract? Since for some people a used car is the only way to acquire transport, it is necessary to study all the nuances in detail so as not to lose money in the future. If you buy a car at a car dealership, then everything is simple, and if any defects are found, you can return it and get your money back. If the seller is a private person, then everything becomes more complicated.

Let's imagine this situation: a person bought a car and came home happy. The next day he discovered that the engine would not start and an inspection revealed serious technical problems that had not previously been mentioned. What to do in this case? Is it possible to restore the purchase and sale agreement, or rather, return the money?

First of all, you need to contact the seller and tell him about this situation. Perhaps he will agree to return the cost of the car or at least part of it to repair the car. However, this is practically impossible, and therefore you need to be prepared for refusal. As arguments, the seller can say the following:

there is no more money, the entire amount has been spent;
the car was in good working order, you did something to it;
some part itself has worn out;
you checked the car and saw what you were purchasing.

The seller can simply refuse - that is his right. In such a situation, you should try to return the car in other ways, if provided by law.

Returning a car: how to do it

The main difficulty in returning a car is that the law “On the Protection of Consumer Rights” does not apply to purchase and sale transactions between individuals. This means that if a car purchase and sale agreement has been signed, this almost completely releases the seller from liability and does not give the buyer the right to return the vehicle, regardless of the timing, etc. The refusal of the previous owner will be completely legal, and he will not face any fines for this.

In order to still have the opportunity to return the car, this must be provided for in the policy before the transaction is concluded. Before transferring money to the seller, assess all risks and predict similar situations. The participation of a professional can help with this, who will not only facilitate the correct drawing up of the contract, but also check the technical condition of the car.

Important! Since the car is purchased second-hand, it is necessary to conduct a thorough inspection and diagnostics. This will help you figure out whether this car is worth purchasing or whether it is better to abandon it. This is much simpler and cheaper than later returning the vehicle and trying to get your money.

If such a situation does occur and the car you bought secondhand breaks down, you need to find out why and who is to blame. To do this, you can use the services of an expert who will issue the appropriate act. As we said earlier, the seller will most likely refuse to take the car back, and the law “On Protection of Consumer Rights” will be on his side.

However, the Civil Code provides for the possibility of returning goods due to their poor quality, which may also apply to cars. If it is not possible to return the car, you can go to court. However, if you decide to take this step, be prepared for a rather lengthy trial. You will also need the help of a lawyer who will correctly draw up a claim and help you return the car.

When you can't return the car

Before you think about whether you can return the car, you need to carefully study the contract. If it contains a record that the vehicle was inspected and the buyer has no complaints, then you can forget about the return. This clause indicates that the condition of the car at the time of sale was known, and the buyer was satisfied with it. For example, if the car did not have one wheel, but the buyer signed such an agreement, then further operation is his problem.

Problems with returns may arise in the following cases:

the price is too low;
there is an expert report on the condition of the car;
The seller listed all the defects in the contract.

Often, parties to a transaction agree to indicate a lower price for the car, which allows them to save a little money. For the seller, this is a tax saving, and for the buyer, this is a way to get a small discount. However, this makes it impossible to return the money paid if problems are discovered. If the buyer goes to court, the scheme will be exposed, and all participants in the transaction will be accused of conspiracy. This is punishable by a fine. Moreover, even if the court obliges the seller to return the money, he will give only the amount specified in the contract. The rest of the funds along with the car will remain with him.

Sometimes when buying a car, they resort to the services of an expert who checks the car and issues a report on its condition. If it states that the vehicle was fully operational, then the buyer’s actions led to the breakdown. This makes the issue of returning the car irrelevant, since the seller is not the culprit of the problems. Another case is when a person indicates all the defects in the contract. The buyer can only inquire about the cost of repairs after transferring the money. If the figure does not suit him, he will try to return the car, but this will be impossible.

Is it worth trying?

When you're wondering how to return a car, also think about whether it's necessary. People buy a car voluntarily, and the seller is not obliged to return the money, we have already found that out. If the case goes to court, the proceedings may require significant costs from both parties for lawyers and defending their positions. Moreover, even if the seller hid some kind of fault, this does not guarantee a positive outcome for the buyer, for which there are several reasons.

First, the buyer was given a chance to have the car inspected. The fact that he did not identify any problems only indicates that he lacks the necessary knowledge and skills. Secondly, a used car may not be in perfect condition, and therefore some wear and tear is quite normal. Even if a breakdown occurs the next day after purchasing the vehicle, this does not mean that the previous owner knew about it.

To prevent buying a used car from becoming a problem, carry out detailed diagnostics before purchasing, look for decent examples, and then owning a car will bring only joy.

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

There was a time when there was not enough money for a new car. The first car we bought was used. The purchase itself caused us a lot of problems, and we even had to go to court. The seller turned out to be a fraud, and the car was faulty at the time of purchase. No one wanted to return the money to us, so my husband filed a complaint first with the police and then with the court.

With you, dear readers, I would like to share my personal experience and tell you whether it is possible to return a car purchased second-hand if there is an agreement.

Is it possible to return a car bought secondhand to the seller?

For many people, a used car is the only option to become the owner of a vehicle. Such cars are much cheaper, and if the circumstances are successful, you can purchase a quality car. Unfortunately, used cars may not always work properly. The new owner may encounter technical problems very quickly. Any renovation will require a lot of investment.

When purchasing a vehicle in the showroom, the client will be able to return the purchase at any time if defects are detected. Here, official documents are necessarily drawn up, and the client receives additional guarantees. Buying a car from a private person is a more complicated procedure. The risks of such a transaction are much higher, since it will be very difficult to return the funds.

How can a seller behave?

Let's imagine a situation: a car was purchased, but the next day the engine stopped working. The car needs to be returned urgently. First of all, you should contact the seller and explain the situation to him. It is possible that he can return the money and take the car back. Sometimes the seller simply refunds part of the money to repair the breakdown.

In the vast majority of cases, this option is practically impossible, and you need to be prepared for refusal. The former owner can give the following arguments as reasons for his decision:

the entire amount of money has already been spent;
the car was in good working order, and the buyer himself was to blame for the breakdown;
the part was worn out and damaged precisely at the time of purchase of the vehicle;
The buyer checked the car before purchasing and must make sure that it is in good condition.

Refusal to return money for a car is the seller’s legal right. The previous owner of the car did not commit any illegal actions. Under such circumstances, a citizen can try to return the car in other ways that do not contradict the law.

How to return a car - procedure?

The main difficulty of the procedure is that transactions between private individuals are not covered by the law on the protection of consumer rights. This indicates that once the agreement is signed by the parties, the seller is released from responsibility for returning funds for the car. Deadlines don't apply here either. The former owner’s refusal is legal, and he will not face penalties for this.

In order for the possibility of returning money under a transaction to exist, it must be provided for when drawing up the contract. Even before transferring money for the car, the seller should assess possible risks and predict possible situations. A professional can help with advice here. When inspecting the car, the expert will be able to make sure that the vehicle is in good condition. It's better to order diagnostics.

If a problem does occur, it is better to contact an expert in advance. The specialist will be able to draw up a report and confirm that the breakdown was not the fault of the buyer. The Civil Code contains an article providing for the possibility of returning goods if they are of inadequate quality. When you decide to go to court, you need to prepare for a lengthy trial.

When will it be impossible to return the car to the previous owner?

When a problem occurs, you first need to evaluate your chances of getting your money back. To do this, you will have to review the purchase and sale agreement and make sure that it contains a return clause. If this option is not provided for in the contract, then it is better to forget about receiving money for the car.

The absence of such a provision indicates that the buyer was aware of the condition of the car at the time of purchase. Problems may arise in the following cases:

not by agreement was underestimated;
there is an expert report on the condition of the car, and the buyer has been familiar with it;
In the agreement, the seller listed in advance all the faults of the vehicle.

People often wonder if it's worth it to return a used car to its owner. The transaction is carried out voluntarily, and court proceedings may require additional costs and a lot of time. Even if all the evidence is on the buyer’s side, you cannot always count on a positive outcome.

Conclusion

A few words can be said in conclusion to what has been written:

Buying a used car from a private party is a high-risk transaction. The agreement may result in serious legal and financial problems.
You can try to return the car to the previous owner only when there is a corresponding clause in the agreement. Otherwise, the court will refuse to return the money and car.
The seller has every right to refuse a refund, since the buyer had the opportunity to inspect the purchased vehicle. For such actions, no penalties are provided for the seller.

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

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

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

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!

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

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

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

If such a clause is specified in the policy

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

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

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

If it's not written down

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

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

If this is prohibited according to the policy

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

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

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

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

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

How to formalize an agreement with mutual consent?

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

The agreement must reflect the following information:

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

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

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

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

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

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

How to file a claim against the former owner?

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

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

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

The claim contains the following information:

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

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

Going to court if a claim is denied

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

How to file a claim?

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

The statement of claim must contain the following information:

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

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

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

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

Where to submit?

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

Payment of state duty

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

How long does it take to process a case?

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

What to do if the court refuses?

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

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

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

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

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

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How to return a used car to the seller

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

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

Buying a vehicle: methods

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

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

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

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

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

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

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

Returning the car to the seller: difficulties

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

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

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

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

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

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

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

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

Read more: The car was seized by bailiffs, what to do
A significant disadvantage is considered to be one the elimination of which is impossible at all, or the elimination of which may result in significant financial losses. In addition, shortcomings that arise again after being repeatedly eliminated in a car service can be considered significant.

Drawing up a technical act;

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

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

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

"Pitfalls" of buying a car from an individual

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

The purchased used car may be under arrest by bailiffs;

The used car is secured;

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

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

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

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

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

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

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

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

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

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

Returning a car: procedure

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

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

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

Legal services in Kursk - Lawyer O.N. Umerenkov

Lawyer Umerenkov Oleg Nikolaevich

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

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

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

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