The buyer wants to return the car, what should he do?

We, ___________________________________________________________________________________, hereinafter referred to as the Seller, and,

______________________________________________________________________________________________hereinafter referred to as the Buyer, have entered into this agreement as follows:

1. The seller sells a vehicle (hereinafter referred to as the vehicle):
Identification number (VIN):
Vehicle make, model:
Name (vehicle type):
Vehicle category:
Year of manufacture of the vehicle:
Model, Engine No.:
Chassis (frame):
Body No.:
Color body:
Vehicle passport, series, number, by whom and when issued
what belongs to him on the right of ownership, and the Buyer takes ownership of the specified vehicle.
The sale price of the specified vehicle is _______________________________ rubles of the Russian Federation.
2. Specified in clause 1.
the vehicle has a mileage of _____________________ km Information about defects of the vehicle (yes or no, if yes, which ones are indicated):
Hidden defects of the supporting structure
Engine defects
Transmission defects
Body defects
Have there been significant damages to the body and supporting structure of the vehicle previously

3. The seller guarantees that before signing this agreement, the specified vehicle has not been sold to anyone, not given as a gift, not pledged, not encumbered with the rights of third parties, is not in dispute or under arrest (ban), and there are no restrictions on the use of the vehicle.
4. The parties to this agreement confirm that they are not deprived of legal capacity, are not under guardianship or trusteeship, do not suffer from diseases that prevent them from understanding the essence of the agreement, and there are no circumstances forcing the conclusion of this agreement on extremely unfavorable terms.
5. The parties will strive to resolve all disputes and disagreements that may arise from this agreement through negotiations and consultations. If these disputes cannot be resolved through negotiations, they are subject to resolution in court at the Buyer’s location in ________________________________________________________________________________

6. This agreement is drawn up in two copies of equal force, one of which is kept by the Seller, the other by the Buyer.
7. Details of the parties

Seller:
Passport _________________________________
Issued by whom and when ________________________
_________________________________
Address: _____________________________________
__________________________________________

________________________________________
Full name in words, signature

Passport _________________________________
Issued by whom and when _________________________________
_________________________________
Address: ____________________________________
_________________________________

1. The Seller handed over and the Buyer accepted the vehicle
Identification number (VIN):
Vehicle make, model:
Year of vehicle manufacture:
Model, Engine No.:
Chassis (frame):
Body No.:

2. Simultaneously with the car, the Seller handed over and the Buyer accepted the following documents, spare parts and accessories of the car:

Name Quantity pcs
Vehicle passport
Service book
Vehicle registration certificate
Alarm key fob
Car keys

3. Cash in the amount of _______________________________________________
is filled in by the seller in words.
The Seller received it in full.

________________________________________
Full name in words, signature

Novosibirsk
"___"_____________2012

Cash in the amount of ________________________________________________
(filled in by the seller in words)
for the vehicle specified in clause 1 of the Sale and Purchase Agreement dated “___”_______20__.
The seller received in full

_____________________________________________________________________________
(full full name of the seller, signature)

I sold a car, the buyer wants to return the car,

I gave him a working one and he said that it was broken and that he should return the faulty car to me. When I bought this car, I didn’t register it in my name and signed for the previous owner in the purchase and sale agreement, and he now claims this and filed a statement with the police. Although in the contract it is indicated in the column and he signed that he has no complaints about the technical condition. Tell me what to do?

Related topics

Do not react and send to court. Let him prove that you violated the contract. According to paragraph 2 of Article 450 of the Civil Code of the Russian Federation

2) in other cases provided for by this Code, other laws or agreement.

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.

If he cannot prove it, the contract will not be terminated through the court. According to Part 1 of Article 56 of the Code of Civil Procedure of the Russian Federation, “each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law.” In this case, the burden of proof lies with him. On your side is the acceptance certificate that the car was handed over in good condition. This is your evidence (Article 55-56 of the Code of Civil Procedure of the Russian Federation).

Alexander, if the contract was not signed by the owner of the car, then this may be grounds for terminating the purchase and sale agreement, Art. 168 Civil Code of the Russian Federation. If the buyer has evidence of the transfer of funds to you, it will be the basis for unjust enrichment of Art. 1102 of the Civil Code of the Russian Federation.

Civil Code of the Russian Federation Article 168. Invalidity of a transaction that violates the requirements of the law or other legal act

1. Except for the cases provided for by paragraph 2 of this article or other law, a transaction that violates the requirements of a law or other legal act is voidable, unless it follows from the law that other consequences of the violation not related to the invalidity of the transaction should be applied.

2. A transaction that violates the requirements of a law or other legal act and at the same time encroaches on public interests or the rights and interests protected by law of third parties is void, unless it follows from the law that such a transaction is contestable or other consequences of the violation not related to invalidity must be applied transactions.

There is a possibility of going to court with a claim to terminate the contract - Article 450 of the Civil Code of the Russian Federation, if there were hidden shortcomings.

Civil Code of the Russian Federation Article 476. Defects of goods for which the seller is responsible

Guide to judicial practice (high courts and district arbitration courts) under Art. 476 Civil Code of the Russian Federation

1. 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.

2. In relation to goods for which the seller has provided a quality guarantee, the seller is responsible for defects in the goods unless he proves that the defects in the goods arose after its transfer to the buyer as a result of the buyer’s violation of the rules for using the goods or storing them, or the actions of third parties, or force majeure.

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 regard, 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.

The buyer wants to return a car purchased under a sales contract

Inexorable statistics show that most owners of used cars try to hide their defects when selling them. This allows them to inflate the price and make additional profits, but buyers face serious problems that require large capital investments to correct. That is why the question of whether it is possible to return a car purchased second-hand always remains relevant. It should be remembered that nothing is impossible, but there are some restrictions that can become insurmountable obstacles. There is always a possibility of purchasing a used car with a hidden defect. Study the contract If you want to return the car some time after using it, you should carefully study the contract. A simple note that you have inspected the vehicle and have no complaints about its technical condition can ruin your plans.

How to return a used car to the seller?

But even if you manage to collect expert opinions on significant shortcomings of the product that make it impossible to use the car for its intended purpose, you should know that the amount of money that will be returned to you will only be that specified in the sales contract.
If you did not indicate the actual amount (for example, for tax purposes), but demand the entire amount that you paid for the car, then the court may consider this to be collusion with the seller. You won't get anything at all, you'll just waste your time and money. And finally, Article 475 of the Civil Code of the Russian Federation. Consequences of transferring goods of inadequate quality 1.

I sold the car, after some time the owner calls, wants to return it and...

If this is provided for in the contract, the seller is responsible for defects discovered during the entire period for which he provided a 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 transfer to the buyer or for reasons that arose before this point. 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.

What to do if you want to return a purchased car?

Of course, you may come across a very honest car seller who will agree that he sold you junk, take the car back and give you the money. If you have met someone like this, consider yourself lucky. But, more often than not, the seller will not agree that the car sold has any hidden defects. He will say that everything was fine with him, he had already spent the money, and so on.

Returning the car to the seller to an individual

Legal services in Kursk

Demands to eliminate defects or replace goods specified in paragraphs 1 and 2 of this article may be presented by the buyer, unless otherwise follows from the nature of the goods or the essence of the obligation. 4. In the event of inadequate quality of part of the goods included in the set (Article 479), the buyer has the right to exercise in relation to this part of the goods the rights provided for in paragraphs 1 and 2 of this article. 5. The rules provided for by this article apply unless otherwise established by this Code or other law.

Article 476. Defects in goods for which the seller is responsible 1. 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. 2.

Return the car

By the way, I threatened to do a mini-review on the use of so-called liquid glass. I don’t see the point in writing a separate post on this matter. Why inflate the topic out of nothing. By the way, check out the result: Well, what can I say...

I did not expect that my swallow would shine so dazzlingly.
I bought it here if anyone is interested in trying it too. Thirdly, how the purchase and sale agreement is drawn up, what is stated in it, and whether there are any loopholes for return will be the decisive issue in the case of returning the car to the seller. Collect evidence For example, if the contract contains a phrase such as “The car has been inspected by the buyer, I have no complaints,” then it will be almost impossible to prove that the car is faulty and to return the car and the money back. For any court, the main thing is documentary evidence of your material damage.

Sold a car, buyer wants money back

In this case, the court (if it comes to it) will consider the actions of the private seller as a civil offense.
The difficulty with this claim is that, most likely, the seller gave you, the buyer, the opportunity to examine the product and evaluate it before paying for the purchase. You inspected the car and drove it, didn’t you? And that means you saw what you were buying, because the car is not new, but used. What are your chances of winning this case? Well, firstly, this problem cannot be quickly resolved through the courts. The proceedings can last at least six months (and this is the minimum); it is impossible to speed up the judicial machinery. Secondly, you will need to find a good lawyer, which will not be easy. You won’t get a lot of money for such a case, and there are minimal winning cases, there’s a lot of work, and lawyers (especially good ones) don’t really want to deal with these cases.

• proportionate reduction in the purchase price;
• free elimination of product defects within a reasonable time;
• reimbursement of their expenses for eliminating defects in the goods.

2. In the event of a significant violation of the requirements for the quality of the goods (detection of fatal defects, defects that cannot be eliminated without disproportionate costs or time, or are detected repeatedly, or appear again after their elimination, and other similar defects), the buyer has the right to choose :

• refuse to fulfill the purchase and sale agreement and demand the return of the amount of money paid for the goods;
• demand replacement of goods of inadequate quality with goods that comply with the contract.

3.
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 goods’ compliance with these requirements is provided for in the purchase and sale agreement, and within a reasonable period must be suitable for the purposes for which which goods of this kind are commonly used. 2. 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 (guarantee period). 3. The quality guarantee of the product also applies to all its constituent parts (components), unless otherwise provided by the purchase and sale agreement.

Article 475.

The buyer wants to return a car purchased under a sales contract

Today I will answer a frequently asked question: is it possible to return a used car to its previous owner if you are not satisfied with it?
Is it possible to get your money back if you bought a car from a private (individual) person? Hello, dear blog readers. So, let's take a closer look at an example. After a long search, you liked a used car through an advertisement or at an individual’s car market. You watched it, listened to it, took a ride, everything seems to be fine. You concluded a purchase and sale deal, bought this used car and, satisfied, went for a ride. But your car suddenly broke down or your wife didn’t like it... This could happen a month or 5 minutes after purchase. Cars, unfortunately, break down. Of course, this doesn’t suit you, because you bought a car to drive, not to repair.

The arguments of a seller who does not want to give you the amount you require may be as follows:

• A lack of money;
• “We saw what we bought”;
• “The car was in good working order”;
• Just an unreasonable refusal.

If you are faced with a similar attitude towards a problematic situation, the matter will have to be made official. First, you have to prove that the defects in the used car arose before the date of purchase. If it has been constantly serviced at a certain service station or has a valid warranty, you can contact the service company employees who will provide the necessary evidence.

These may include acts of transfer of a used car during repairs, as well as checks, inspection reports and other documents. If it is impossible to use this method of clarifying the circumstances, you will have to conduct an examination and pay for it yourself.

The buyer wants to return the car, what should he do?

It's interesting to listen to her.

But if she drove the car herself and gave it to her herself, I think that bribes from women are fine )) Although when buying a car from a woman, the last thing I would think about is engine wear )))

As for the "discounts" - not so long ago I was selling cars. HONESTLY, he said that he was burning up oil and, perhaps, had eaten a spilled catalytic converter - the condition of the CPG is unknown. The buyer swore that he was happy with everything and would fix everything (no, well, I know that for this engine there are no repair pistons in nature, no rings - only a replacement of the short block assembly. I did not talk about this - not my problem). The buyer was out of luck, obviously. I threw him, does it work?

OKA

Strange, they wrote to me

In this case it doesn't matter. There are actually many such cars.

OKA

I don't go to Sovkoprom. And when I even went, I didn’t even come close to this misunderstanding - it was disgusting.

Strange, they wrote to me

it means the salesman knew about the car's problems

when I sold all the cars that passed through my hands, I always said, I’m not a car mechanic, you doubt it, any diagnostics are at your expense. At the same time, he talked about the body shoals known to me and the work carried out.

This is written in the car delivery certificate.
If there is such an ACT, then the buyer goes through the woods.
If there is no ACT, then all sorts of options are possible.

I’ll paraphrase: I bought a car - I took part in a drag race, it skidded in a *ram in the forest, “oh, the engine boiled/knocked, oh, the clutch fell apart, oh, the suspension broke” - no receipt, return the money.

Yes, I didn’t mention it either - I know about taxes.
But VERY many amounts are underestimated - with persistence worthy of better use.

I’ll paraphrase: I bought a car - I took part in a drag race, it skidded in a *ram in the forest, “oh, the engine boiled/knocked, oh, the clutch fell apart, oh, the suspension broke” - no receipt, return the money.

If the case comes to court, then an examination is done.
In most cases, the verdict is that the engine was damaged a year ago and was just sent to the scrapyard. With such introductory information, the buyer almost always wins, because the seller is not able to prove that he did not hide information about significant defects from the buyer. The salvation when selling such cars is the understatement of the value in the contract, which makes the cancellation of the “purchase and sale” transaction unprofitable for the buyer.

The buyer wants to return the car due to a breakdown

I sold a car made in 2009 and signed a handwritten purchase and sale agreement with the buyer. 2 months passed, the buyer called and said that he wanted to terminate the contract and return the money because the car’s engine broke down. The contract states that the buyer has no complaints about the quality and appearance of the car. Before purchasing and actually drawing up a sales contract, the buyer drove the car to a service station and had it inspected. The service station did not issue any documents. The buyer didn't ask for them. I assume that the buyer broke the car and now wants to somehow get money for repairs or even return the car. What should I do? And what are his chances?

When asked if the Buyer wants to return the car due to a breakdown, lawyers advise

We have selected similar situations for you:

Hello, Stepan Alexandrovich

If the contract did not specify the technical condition of the car point by point, then the buyer will not be able to make any legal claims against you.
A seller who is not a competent auto mechanic cannot be responsible for the technical condition of a used car being sold. Article 469 of the Civil Code of the Russian Federation Quality of goods
1. The seller is obliged to transfer to the buyer goods, the quality of which corresponds to the purchase and sale agreement.
2. 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.
If the seller, at the conclusion of the contract, was informed by the buyer about the specific purposes of purchasing the goods, the seller is obliged to transfer to the buyer the goods suitable for use in accordance with these purposes.
3. When selling goods according to a sample and (or) description, the seller is obliged to transfer to the buyer the goods that correspond to the sample and (or) description.
4. If the law or the procedure established by it provides for mandatory requirements for the quality of the goods being sold, then the seller carrying out entrepreneurial activities is obliged to transfer to the buyer goods that meet these mandatory requirements.
By agreement between the seller and the buyer, goods may be transferred that meet increased quality requirements in comparison with the mandatory requirements provided for by law or in the manner established by it.

If in the contract you did not provide the buyer with a guarantee for a specific period, then the phrase written in the contract by the buyer about the absence of claims relieves you of responsibility for the breakdown. The claim was made two months later; no one except the buyer knows how the car was used after purchase. The buyer purchased the car while driving, and neither party wanted to stipulate the terms of the “break-in” in the contract. The car is used, you fulfilled your obligations under the contract in full - you handed over the car, the buyer also fulfilled his obligations - he paid for the car.

The engine in a car is a separate unit, technically complex, which tends to break down. With such an agreement, the buyer has no chance, much less proving that the engine was already defective at the time of purchase, and that you knew about such a defect and deliberately hid it.

Dear Stepan Alexandrovich! Hello! The buyer has virtually no chance of proving that the engine broke down due to your fault and you provided him with a car of poor quality. You can recommend that he prepare a claim in your name, give a reasoned answer to it, also send him for an examination and refuse to satisfy his demands. The engine is a complex technical part of the car and without a special examination that could certainly establish the cause of the breakdown, any claim will not be satisfied, including by the court. The examination must be carried out by the buyer at his own expense; if he can subsequently prove that the engine was actually faulty when selling the car (which is unlikely), the money will be recovered from you.