Is it possible to return a purchased car to the dealer? Returning the car to the dealership and getting your money back

Almost every person dreams of buying their own car. Modern life, with its dynamics and energy, cannot do without vehicles, of which there are more and more on our roads every day. Quite often, buyers are faced with a problem when, when purchasing a car, they discover significant shortcomings in it. We will talk further about how to return a car to a car dealership under warranty.

Returning the car under warranty to the dealer is quite feasible if, within some time after purchase, it turns out that the car has some shortcomings that have a significant impact on its operational and technical characteristics. The return period is established in accordance with the provisions of the Law “On Protection of Consumer Rights”, which states that if within 14 days from the moment the purchase entered the use of the new owner, defects were identified, then it can be returned back to the seller.

In this case, any defect in the car can act as a defect, be it a scratch, the absence of some parts or a crack in the glass. In accordance with current legal regulations, if a car is returned under warranty, the seller does not have the right to refuse the client without good reason. At the same time, the seller can either return the money for the purchase of the car or offer to replace the car with a similar model.

If the defect was discovered while the machine was in the consumer’s use for more than 15 days, then everything becomes significantly more complicated. However, based on the provisions of the same law, the car can be returned in the following cases:

  • an independent examination found that the defect is in the nature of a manufacturing defect that cannot be eliminated;
  • the seller was unable to eliminate all problems within the previously agreed upon period. As a rule, this is 45 days, but there are exceptions, so the repair period must be looked at in the contract. It is worth noting that if the seller does not have the necessary tools to eliminate defects, or there are no spare parts in its warehouses, this cannot be a reason for extending the repair period;
  • The machine is under warranty repair for more than 30 days a year. In this case, it does not matter at all how many times the repair work was carried out. The main condition is that during the year the car spent at least 30 days in total in the workshop. This fact can be confirmed by the documents that you sign when sending the car for repair, as well as an application for warranty service. At the same time, the text of the application must indicate the reasons for submitting the car for repair, as well as visible and invisible deficiencies that reduce the operational or technical performance of the vehicle. The application must contain the date of writing, the applicant’s personal signature and seal. If this problem is resolved, the seller will refund the money for the car under warranty, or replace the product with a similar one. Be careful if a car dealership demands compensation for the difference between the selling price and the current price of the car, this is illegal, even if the presentation of the car has undergone significant changes;
  • if the same defect appears repeatedly during the warranty period;
  • the seller knew about the existing defects, but did nothing to eliminate them and hid this information from the consumer.

It is quite natural that returning a car entails significant losses for the car dealership. That is why the seller’s representatives are trying their best to prove that they are right. To do this, they arrange expert assessments of the condition of the car. This procedure is carried out at the expense of the dealer, and the current owner of the car has every right to be present at the examination as an observer. Please note that even if the examination establishes that the defect was acquired after purchase and the seller has nothing to do with it, the owner of the car has the right to challenge the results of the examination in court.

In addition, you can return the car not only within the warranty period, but also after its expiration, but provided that the service life has not exceeded the limits. In this case, not only the cost of the car is subject to return, but also compensation for damage caused, and the entire amount of money that was spent by the buyer on repair services. Considering that this decision entails huge financial losses for the dealer, the salon will refuse to return the money. In this case, the problem can be resolved exclusively through judicial review. It is extremely difficult to carry out legal proceedings against a dealer on your own, so it is necessary to find a good auto lawyer in advance who can protect the interests of the consumer.

Grounds and terms for returning a car under warranty

Often, when buying your own vehicle, a person is in a rosy mood and is not able to adequately and rationally evaluate his purchase. After some time, he begins to notice minor problems that can lead to significant financial expenses and machine breakdown. For example, when purchasing a car in the summer, the buyer does not use all its capabilities. And with the onset of cold weather, he discovers that the stove does not warm up the interior well enough. Naturally, this is a manufacturing defect that the seller did not notify the buyer about. Based on this, the consumer has the right to return the car. But this can be extremely difficult to do, especially if more than 15 days have passed since the purchase. And you can only get back the financial resources spent on purchasing a car if the car has a serious malfunction.

Current legal regulations clearly state that in the event of any defect, even the most minor one, the buyer has the right to return his purchase to the seller and receive his money back within 15 days from the date of purchase. But it all looks so easy only in theory. In practice, the situation can become noticeably more complicated. However, this in no way affects your rights to return the car to the dealership under warranty.

Currently, according to basic legislative provisions, a car can be returned to a gray car dealership under warranty in the following cases:

  • if after purchase you find significant defects in the car;
  • if the machine is under repair for more than 30 days a year during its operation;
  • if the same defect has to be eliminated several times;
  • if the purchased model does not correspond to the information that the seller announced earlier;
  • if the seller knew about the existing defects, but hid this information from the consumer;
  • in case of violation of the liquidity period of the breakdown.

Significant machine defects are those defects that are almost impossible to eliminate. If the car needs expensive repairs, which constitute a significant part of the cost of the car itself, the buyer also has the right to return the defective product to the dealership. But there is a small problem. It is up to the seller to determine how serious the defect is found in the car, and whether it can be classified as a “significant defect.”

It is quite understandable that even if truly serious problems are discovered, the seller will try not to acknowledge the seriousness of the damage. Therefore, in such a situation, it is necessary to involve a qualified lawyer in the process who can protect the interests of the consumer and force the salon to pay the bills. In addition, in court, such a specialist will initiate a legal dispute with a car dealership, which will allow him to bring the incompetent dealer to clean water.

If you find yourself in a similar situation, in which it is impossible to do without qualified legal support, then you can get advice from an auto lawyer from us. Our specialists have significant experience in cases of such jurisdiction, and will be able to determine what your chances of success are if litigation begins.

Do not also forget that if the defect is not classified as serious, the dealer is obliged to carry out repair work at his own expense. In this case, everything is much simpler. The law gives 45 days for repairs to be carried out, and if it is not carried out within this period, the seller is obliged to take back the car and return the money to the buyer without a single excuse. At the same time, the dealer does not have the right to extend this period, and even if the repair requires long and painstaking work, the necessary tools are not available in the salon, or spare parts will not be brought from abroad - all this is not a basis for extending the period.

When signing a purchase and sale agreement, it is worth paying attention to some points. In particular, those relating to machine repairs during the warranty period. Often, dealers themselves set a deadline of 21 days, although by law they are entitled to 45 days. If the contract specifies a different date (but no more than 45 days), then this period is considered official.

But, unfortunately, many car dealerships take advantage of the fact that our compatriots have low legal literacy. Lawyers carefully recommend filing a written claim in 2 copies on the very first day of contacting the service. Both copies must have the signature of the applicant and the seal of the car dealership. One copy remains with the consumer, the second is left with the seller. And at the same time, do not forget that the date of appeal must be indicated in the text of the claim.

If this is not done, the car dealership may deliberately deceive the client. They place your order only when the required part appears in stock, carry out repair work within a few hours and close the order. At the same time, the waiting period for the part to be delivered can be very varied: from several days to several months. And it will be completely impossible to prove anything. There are situations when dealer representatives simply refuse to accept a claim. In this case, you must send it by mail with a notification letter. The notice will serve as evidence against the dealership if repairing your car takes longer than the law allows.

As for the total repair period, it is officially accepted that it does not matter at all how exactly the car was repaired. This could be one large-scale repair that lasted a month, or 10 trips to a technical workshop, as a result of which the consumer was left without a car for 3 days. And if you have a similar situation, then you need to prepare documentary evidence of the fact of continuous repairs.

If you are faced with a situation where, over a specific period of time, the same defect appears repeatedly, which is why the car needs repairs, then you have every right to return the car to the dealership, and the dealer cannot refuse you a refund.

Returning cars under warranty is possible even if the consumer simply no longer likes the car. To do this, you should carefully study your purchase and the documents that accompanied it. It is quite natural that some part was manufactured in another country, something is indicated in the documents. And this may be a reason to return the car after 45 days under warranty.

There are also often situations when the seller vigorously praises his product, knowing about its shortcomings, and hiding this information from the consumer. As a result, after the purchase, the buyer may encounter the following problems:

  • actual fuel consumption is 2 times higher than the standards announced by the dealer;
  • instead of seats made of genuine leather, your car has similar versions, only made of leatherette;
  • the model was presented as absolutely silent, but in practice it turned out that its noise threshold was quite high;
  • The climate control does not maintain the required temperature in the cabin.

There are a huge number of similar problems. In any case, the result is always the same. The seller is obliged to return the money for the car and accept his defective product back. If he refuses to return the car under warranty, filing a claim in court is the only correct way out of the situation. Just don't try to organize it all yourself. Take advantage of qualified assistance from certified auto lawyers who will speed up the process and help you achieve your goals.

Refund of money for a car under warranty

To get your money back, you must initially write an appeal in writing, and clearly and carefully indicate your requirements in the text of the application. The written application must be taken to the salon, where the manager or supervisor is obliged to accept it and put his visa on it. At the same time, the time frame for solving the problem is discussed on site. If your application is refused, you must receive a written justification for the refusal. If the dealer does not meet you halfway in this case, then the application should be sent by postal order with notification.

Experts recommend demonstrating knowledge of your rights and laws in your application. Therefore, any claim must have a reference to official legislation. As a rule, car dealerships are not interested in the development of the situation before the court hearing, so they try to resolve the problem in the pre-trial period. In particular, the consumer is offered to fix all problems in the car, replace the car with a similar one, and much more.

As practice shows, if a client’s request is made within 14 days from the moment the car comes into his use, then problematic situations are resolved quickly and effectively. If the period exceeds this limit, then the situation may be complicated by unexpected circumstances. We are talking about an examination that will be ordered by the seller. And even if she demonstrates that the defects appeared due to the fault of the consumer, you should not agree. Often, expert panels hired by the dealer have a stake in the outcome of the process, and therefore their conclusions are not always correct. Therefore, in this case, it is necessary to initiate legal proceedings.

It can be difficult to deal with a car dealership on your own, so you need to get a competent lawyer on your side in advance, who will tell you what to do in a given situation, and how to protect your rights more rationally.

If the car was purchased with credit funds, then after the car is returned to the dealer, you must receive written confirmation of this fact from him. This application for cancellation of the purchase and sale agreement is transferred to the credit institution, and the salon returns the money to the buyer, and also pays off the loan balance to the bank.

In accordance with the Law “On the Protection of Consumer Rights”, the dealer is obliged to return the funds on the loan. And in addition, he is obliged to reimburse all the funds that were spent by the user on servicing the loan. But at the same time, the interest rate is not taken into account, and it remains as a gratuitous loss. After the car dealership pays off the remaining debt to the credit institution, it is necessary to obtain a certificate that the debt has been repaid and the bank has no claims against the client.

Most importantly, even if your car turns out to be defective and you raise the issue of returning the car under warranty, under no circumstances should you stop paying the bank. Otherwise, you will face additional costs in the form of penalties, as well as problems with the law. And the court will side with the bank, further aggravating your situation.

Achieving justice on your own is not easy, or rather almost impossible, unless of course you have a wide range of legal knowledge. To achieve a fair decision and protect your rights as effectively as possible, you need to seek help from professional lawyers in our company. Our specialists have extensive experience in dealing with such problematic situations, and therefore will always be able to find the right way out of the situation, which will minimize all your losses and save your money and nerves.

Video, returning the car to the dealership under warranty

According to the Law “On the Protection of Consumer Rights,” a car can be returned to the store only if a significant defect that was not specified at the time of purchase is identified. When can I return my car to the dealership? What are the rules for returning a car to the dealership? Read this article.

What does the Law say?

According to the Law “On the Protection of Consumer Rights,” a car is considered a technically complex product that cannot be returned or exchanged in a store if it is of proper quality and does not suit the buyer in shape, style, size, color, dimensions or configuration.

So, for example, you entered into a sales agreement to buy a car at a car dealership, made a payment (or took out a loan), but when you got into the car you realized that you had gone overboard with the color. Literally one day has passed since the purchase, you return to the dealership and say that the color of the purchased car does not suit you and you want to exchange it for a car of a different color. The car dealership has the right to refuse you, since the car is included in the list of goods that cannot be returned without identifying some shortcomings.

How to return a car to a car dealership within 14 days?

According to the Law “On the Protection of Consumer Rights”, you can return a car to a car dealership within 14 days in the following cases:

  • If during the operation of the car some kind of malfunction or deficiency was identified, about which the seller did not warn;

For example, when selecting a vehicle, the seller said that the car perfectly absorbs street sound, but in fact it turned out that the car does not absorb extraneous sounds at all. Or if the purchased car has faulty windshield wipers.

  • If the car has not lost its presentation;

You have saved all the stickers, tags and labels that were glued to the interior, hood or windshield of the car.

  • The machine has no traces of use;

It is clear that after purchasing a car, you have had time to drive it around a little. But if you want to return the purchased car to the car dealership, then there should be no chips on the windshield from stones on the roads, there should be no oil marks on the seats, and there should be no dents or scratches on the hood of the car.

Procedure for returning a defective car

If all of the above conditions are met, then you must:

  • Drive your car to the dealership, taking with you all the documents that were received upon purchase;

As a rule, the list of documents includes the following: purchase and sale agreement, payment documents, loan agreement, etc.

  • State the reason for the return and your requirements;

According to the Law “On Protection of Consumer Rights”, you have the right to count on:

  • Refund of the full cost of the car in exchange for the return of the car;
  • Exchange of a car for the same car, but without an identified fault/deficiency;
  • Exchange of a car for a car of another brand (with recalculation of cost);
  • Elimination of the deficiency at the expense of the car dealership;
  • Compensation for the cost of car repairs;

Return of a faulty vehicle after 14 days

The driver must return the car after 14 days in the following cases:

  • If the purchased car has a significant defect;
  • If the car dealership refuses to carry out repairs within the warranty period;
  • If the warranty repair has been delayed for a period exceeding forty-five days;
  • Multiple breakdowns of the purchased car (more than twice), as a result of which its owner actually drove it for less than a month;

The warranty period is six months.

So, if for half a year of using a car, its buyer constantly returned it for repairs to the car dealership where it was purchased, and during this period he drove it for only thirty days, then the buyer has more than enough grounds for returning it.

What is considered a defect due to which the car can be returned?

According to the Law “On the Protection of Consumer Rights”, a car can be returned if the identified deficiencies are:

  • In general, it cannot be eliminated:
  • It can be eliminated, but at significant financial costs;
  • Occurring again and again after each repair;
  • The resulting deficiencies contribute to the emergence of other deficiencies;

At the same time, you can return a low-quality car to a car dealership even if it takes too long to repair it (longer than a month and a half).

Example: you bought a car, and the gears in it regularly jam, which creates emergency situations on the roads. Having repaired the “gears,” after some time the car’s brakes began to regularly stick or the steering wheel would not turn. It will not be difficult to return the car to the dealership if such deficiencies are identified.

The surest way to do this is to contact a lawyer. What will he do?

  • Draw up a written request to terminate the purchase and sale agreement with the car dealership;
  • They help ensure that the car dealership returns the full cost of the car purchased from them to the buyer as soon as possible;
  • He demanded that the car dealership pay penalties for the period when the car was being repaired and the buyer was forced to travel without a vehicle;
  • Received compensation from the car dealership for expenses for its own services;
  • If the buyer took out a car on credit, then the lawyer will also help to return the amount that the buyer managed to pay to repay the loan by the time the car was returned to the dealership;

Information

After submitting a written request, the car dealership must review it and make a decision to return the car and the money for it within ten days. For each subsequent day of delay, the car dealership will have to pay a penalty. The fine is 1% of the original cost that the buyer paid to purchase the car.

If the car dealership refuses to comply with the stated demand, then the next step will be to file a lawsuit against the car dealership.

What will the car dealership have to prove? That the malfunction that has arisen in the car is a consequence of its improper operation on the part of the buyer. This is very difficult to do. So, in any case, the buyer has a greater chance of returning the car and its value than the car dealership.

Sample documents

  • Starting from the first day, when you try to return a low-quality car to the car dealership, you record all “interactions” with it: record conversations with a voice recorder, etc.;
  • If you hand over your car for repair, then ask the car dealership representative to issue all receipts and documentary evidence of the vehicle being taken to the service center;
  • If the car dealership refuses to fulfill any of your requirements, ask to confirm this in writing;
  • Do not be lazy to seek the help of qualified lawyers, because this way you will have a greater chance of returning the defective car and the money for it;

If the case is successful, the car dealership will compensate your costs for legal assistance.

There are hundreds of reasons why a car owner may be disappointed in the car he purchased.

Behind the external attractiveness of a car, factory defects, which are called defects, may be hidden.

What to do in such a case? Is it possible to return the car to the dealership? We will answer these questions further.

The first thing you need to understand is that just because you don’t like the car is not enough to take it to the dealer.

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

The consumer has the right to withdraw from the car purchase agreement and demand from the dealer:

  • full refund of the amount;
  • replacing a product with an identical one (same brand, model, etc.) with recalculation of the cost.

If more time has passed since purchasing the car, then returning it will be much more difficult.

There can be only 3 reasons for a late return:

  1. The car has a significant flaw that cannot be eliminated.
  2. The statutory deadlines for eliminating defects were violated.
  3. During the warranty period, the machine could not be used for 30 cumulative days due to repeated elimination of various faults.

Each reason is proven in its own way, but the procedure for solving the problem will always be the same.

Now this begs the question: what does “significant deficiency” mean? For 2019, such defects are recognized as defects that cannot be eliminated, or their elimination will require significant costs.

At the same time, the dealer himself decides in each specific case whether the malfunction can be equated to a significant drawback. And if the seller insists that there are no grounds for a refund, then the consumer has only one option - to prove through the court that the defect is significant.

As for the second reason, everything is simpler here: if the dealer was unable to fix the fault within 45 days, then he is obliged to take the car back to the dealership or agree to other conditions stated by the buyer.

No excuses will help him resolve the situation in favor of the car dealership. Whether there were no spare parts, or the mechanic was on vacation - it doesn't matter at all. If you didn’t meet the deadline for a month and a half, please return the full cost of the car.

And if the contract initially established a shorter repair period, for example, 25 days, then exceeding this period already gives the right to demand the return of the vehicle.

Pay attention to the terms of car repair under warranty specified in the contract.. Your right is to demand that the defect be corrected within the specified period or to demand a refund of the full cost of the car.

Moreover, immediately fill out a written claim in 2 copies: give one to the dealer, and on the second ask him to put a mark on the date of receipt. An oral claim will be difficult to prove in court.

To prove the third reason for return, the consumer must record each breakdown and repair time. If the total repair period reaches 30 days, then the salon is obliged to respond to the consumer’s complaint and return the cost of the car.

Otherwise, the client has every reason to go to court, and if the decision is in his favor, the consumer may receive a significantly larger amount of moral and material damage than the cost of the car.

Returning a car of inadequate quality to a car dealership

There are 3 temporary situations when you can exchange a car or demand a refund for it:

  • within 14 days from the date of purchase;
  • within the warranty period;
  • after the warranty until the end of the service life.

If during this period the consumer discovers an irreparable defect or malfunction in the car that requires large financial and time costs, then the first thing to do is submit a written claim to the car dealership.

Next, you should wait for a response within 3 days. Most often, dealers initially refuse the client, trying to convince him that they were not involved in the breakdown. A refund for a sold car or its exchange is not beneficial for the salon, which explains this reaction.

In this case, the consumer documents the breakdown and submits the dispute to the courts.

It is advisable to conduct an independent examination before the trial, then the chances of receiving the money in full, as judicial practice shows, increase almost to the maximum.

Returning a car during the warranty period

Each new car sold at a car dealership is accompanied by a warranty card, which indicates the time frame for repairing the breakdown.

If the breakdown is not repaired within this period, then again you should submit a written claim to the dealer. If the application is refused, which most often happens, the dispute is referred to court.

In order to win the case, you need to provide as much evidence as possible. It is especially important to first conduct an independent examination, which will identify the breakdown and determine the extent of the damage.

In cases where the car dealership does not have an exchange fund, the consumer’s requirements are satisfied by returning the full cost of the goods.

Judicial practice shows that even after the warranty period has expired, the vehicle can be returned to the dealership. It’s just that not all consumers are aware of the rules of the law.

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

As practice shows, the manufacturer in this case more often meets the consumer halfway than the seller, who almost always refuses due to the end of the warranty.

If it is not possible to resolve the dispute, the consumer’s path is still the same - to court.

Procedure for resolving a dispute with a car dealer

In order to exchange a low-quality car or receive a refund for it, the consumer must go through several steps:

  1. Submitting a written complaint to the dealer.
  2. Carrying out an examination.
  3. Trial.
  4. Implementation of a court decision.

The written complaint must be structured in such a way that, if the dealer refuses, the consumer has every reason to file a claim.

The text of the claim must include:

  • consumer and dealer data;
  • date of purchase of the car;
  • make and license plate number;
  • description of the identified defect;
  • legislative justification;
  • consumer requirements.

The essence of the claim must be stated concisely and strictly, always with reference to the law. A correctly drawn up claim takes no more than 1 A4 page.

You can submit a claim in person or send it by mail or courier delivery service.

Note! If you are filing a claim in person, please include on your copy:

  • company seal;
  • signature of the receiving employee;
  • date;
  • incoming number.

In case of refusal, send a valuable letter by mail with an inventory and notification of receipt. In the text of the inventory, write how many and what documents you are sending.

This will help in the future to avoid refusal allegedly due to the absence of any document. The notification is necessary to indicate the time frame for consideration of claims.

The following must be attached to the claim:

  • contract of sale;
  • vehicle registration certificate.

In your complaint, you have the right to ask the dealer about conducting an examination. This requirement must be satisfied within 3 days.

If the defect is confirmed, you can move on to the issue of exchanging the car or refunding the cost.

Payment for the expert's work is carried out by the dealer. However, if the defect is not confirmed, the consumer is obliged to reimburse the cost of the examination. So it’s better to order the examination yourself.

You will have to pay for it, but if a defect is discovered, the payment can be included in the losses that the car dealership is obliged to compensate. When you choose an expert, the probability of a correct conclusion increases significantly.

If within 10 days the dealer does not satisfy the consumer’s claim for an exchange of a car of inadequate quality or a refund, then he will have to pay a penalty in the amount of 1% of the cost of the vehicle.

If the claim is not satisfied, then file a lawsuit. Before doing this, you should obtain a written refusal from the dealer or at least obtain evidence that you tried to request such a refusal.

A statement of claim is drawn up in much the same way as a claim.. But here you can describe the situation in more detail by including the story of the dealer’s refusal to satisfy the claim.

To make a legal decision, a forensic auto-technical examination will first be appointed. The court is always based on the conclusions of a judicial expert, not a pre-trial expert.

It is advisable to indicate in the claim a third party - the manufacturer (official representative office). It is this fact that can play a decisive role, since the manufacturer is not interested in undermining its reputation and, most likely, will offer to sign a peace agreement and will not bring the case to court.

In a court case, the plaintiff always asks for a penalty that will cover all his costs. Sometimes a penalty helps punish an unscrupulous dealer. Next time, the seller will think twice about whether to refuse the consumer's claim.

After making a decision, you must contact the car dealership. If the dealer still refuses to exchange or refund the money for the car, then the next step is to contact the bailiffs, who will certainly force the car dealership to comply with the court decision.

If an exchange is not possible, then the amount you paid upon purchase will be refunded.. Sometimes dealers use tricks and try to reduce the cost, citing the age of the car, but this is illegal.

Moreover, if the price of a car of the same make and model goes up, you can ask for a refund of the current price of the car.

If a car is purchased on credit, it is also collateral..

In this case, the bank is involved in the dispute and will be interested in helping the client. After all, the loss of collateral is not beneficial to the bank.

Before the trial, you send a claim to the car dealership, and during the trial you need to involve a banking organization as a third party.

Until a decision has been made, there is no need to stop loan payments. Firstly, these contributions will still remain with you until the case is closed, in addition, you will also have to pay off fines.

In addition, the bank will only help a responsible and conscientious payer.

Penalties for early closing of the loan, as well as various commissions and interest on the loan that you paid, but did not use the car during the dispute, can be assigned to the car dealership.

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

When making a deposit for a car, the car dealership is obliged to provide the buyer with an agreement in which this fact will be stated and the amount paid will be indicated.

In this case, the deposit will be returned along with the principal amount, which the dealer will return for the car. The amount of the deposit must be indicated in the claim, and then in the lawsuit.

The car dealership has the right to refuse to provide warranty repairs, refunds for the car or exchange it in the following cases:

  • when using the vehicle unreasonably;
  • in case of an accident or natural disaster;
  • when using services that do not work with the car dealership;
  • if the breakdown occurred due to the fault of the buyer.

So, it is quite possible to resolve the issue with a low-quality car purchased at a car dealership. It is only important to know the rights of consumers and act correctly in such a situation.

The long-awaited purchase of a new car can turn into a nightmare for any dealership customer if a defective vehicle is delivered. There are rare cases when dealers agree to all consumer demands, exchange cars or reimburse all losses. More often it happens that a person will need significant efforts to protect his violated rights. You must know your rights and how to protect them! And then you will emerge victorious from the dispute with the seller.

Table of contents:

Cases when it is possible to exchange and return the car to the dealer

If a controversial situation arises, it is important to understand that it is not profitable for any dealer to satisfy the consumer’s requirements. However, there are legal grounds that give you the right to demand an exchange of the car for a new one or a return of the money spent on its purchase.

The main reasons for exchanging or returning a car:


Each basis has its own basis of proof, but the procedure for resolving the issue is the same.

If a fault is detected in the car, no matter how much time has passed since its purchase, the buyer may demand:

  • returning a car of inadequate quality to the seller and returning money for the car;
  • replacement of the vehicle.

There are three temporary situations when you can exchange or demand a refund for a car:

  • within 14 days from the date of purchase;
  • during operation during the warranty period;
  • after the warranty until the end of the service life.

Return the car within 14 days

The vehicle, according to the Decree of the Government of the Russian Federation No. 924 of November 10, 2011, is a technically complex product. It cannot be changed if the color, dimensions, etc. do not suit you. You can demand, but referring to the Law will be difficult. Before purchasing, each buyer thoroughly studies the information. Or should. By signing the contract, the buyer agrees not only with the brand of the car, but also with all the characteristics. Therefore, you can exchange a car or return the money paid for it only if there is a defect.

note

In accordance with the norms of Federal Laws No. 212-FZ dated December 17, 1999, No. 171-FZ dated December 21, 2004, a significant defect in a product is an irreparable defect or defect that cannot be eliminated without disproportionate expenditure of money or time, or is detected repeatedly, or appears again after its elimination, or other similar deficiencies

You submit a claim and wait for satisfaction. Returning money for a purchased car and exchanging a car is not profitable for the seller, which is why many car dealerships refuse to satisfy the claim. In this case, you document the breakdown, submit the dispute to the courts, and after the court’s decision, exchange the car or receive a refund.

Returning a car during the warranty period

It is more difficult to exchange/return goods if a breakdown is noticed from the 15th day until the end of the warranty. Every new vehicle is provided with a period during which the manufacturer or its certified partner must repair any defects included in the warranty list. To find out whether the identified defect is covered by the warranty, you need to read the terms of the warranty in the documents that were given to you when purchasing the car. A claim is then filed in the name of the seller.

If the demands are not satisfied (most often this happens), the dispute is referred to court. If the claim is satisfied, the requirement for an exchange or refund for the car may be satisfied, but not always. In cases where there is no exchange fund or similar product, the consumer's requirements are satisfied by returning the amount paid for the product. This may be a new process if the dealer voluntarily fails to comply with his responsibilities.

Returning a car after the end of the warranty period

Few take advantage of the law, but you can return the car even after the warranty expires. To do this, you will need to prove the presence of a defect due to the fault of the manufacturer and apply within two years after the end of the warranty.

It is best to contact the manufacturer or official representative when a defect occurs, and then make demands on the seller. Very often, with the help of the manufacturer, it is possible to achieve demands for car exchange after warranty, since the main seller always refuses to satisfy the consumer’s demands. The main reason is the end of the warranty. None of your words, references to legal norms, or threats of damages will help if you do not involve the manufacturer.

If it is not possible to resolve the dispute voluntarily, your path is back to court.

Procedure for resolving a dispute with a car dealer

Regardless of how much time has passed since you purchased the car, in order to exchange the car or get a refund for the car, you must go through several steps:

  • Filing a claim with a car dealer
  • Carrying out an examination
  • Trial
  • Execution of a court decision

Submitting a claim to a car dealership and conducting an examination

Before presenting a demand, it is necessary to consider the future possible response of the opponent, as well as further avenues of proceedings. The claim must be structured in such a way that, based on its dissatisfaction, you have every reason to file a claim.

The text must include: the name, your and the seller’s data, the date of purchase of the car, its make and state number, the circumstances for making claims, a description of the identified deficiency, legal justification (optional, but it is better to immediately show the seller that you do not dwell on the claim are going), the petition part and the attached documents. There is no need to describe all the circumstances, your thoughts and suspicions. The narrative is condensed, i.e. date of detection of the defect, how the defect manifested itself (including consequences), 1-2 references to the law and requirement. A correct claim takes no more than one A4 page.

The order of submission is up to you. You can bring it in person, send it by mail or courier delivery service. If possible, it would be a good idea to send your claim by email.

Advice! When submitting in person, always have your copy affixed with the company seal, signature and full name of the receiving employee, date and reference number. Only the latter is not mandatory for future consideration of the complaint. If they refuse to stamp and sign you, you need to send a letter by mail.

Be sure to send a valuable letter with an inventory and notification. In the text of the inventory you must write what document you are submitting, attachments and how many documents and sheets you are sending. Such an indication will help in the future to avoid refusal due to the alleged absence of an important document. Notice will be required to indicate the start date for claims review.

The attached documents must include a purchase and sale agreement and a registration certificate for the car. The rest depends on the circumstances and your desire.

The management and lawyer of the car dealership, having seen your legal literacy, will try not to bring the matter to court and will try to resolve the dispute immediately.

In your complaint, you can ask the dealer about the need to conduct an examination of the cause of the breakdown. The request must be satisfied within three days. An examination is appointed and, based on its findings, you can proceed to exchanging the car or returning money for the car, but only if a significant defect is confirmed.

note

The initial payment for the expert's work is made by the dealer. If the defect is not confirmed, you are required to reimburse the cost of the examination. Therefore, it is better to order an examination yourself. Initially, you will have to pay, but later the payment can be assigned to the car dealership as damages. When choosing an expert, the likelihood of a truthful and correct conclusion increases.

Please note that in the text of the claim for the exchange or return of the car, you can ask for compensation of the penalty in cases provided for by law and circumstances. Such a requirement helps satisfy your basic requirement. For example, you demand an exchange and a penalty, and in order for your main request to be satisfied, you agree to waive the penalty. Dealers often agree to avoid additional costs.

If within a 10-day period the dealer does not satisfy the buyer’s claim for an exchange or return of a car of inadequate quality, then he must pay a penalty in the amount of 1% of the cost of the vehicle.

When it was not possible to resolve the issue pre-trial, you were refused an exchange/refund, or you were not satisfied with the conclusions of the examination, you should file a claim. Before filing, you should seek a written waiver or have evidence that you have attempted to obtain such a waiver.

Trial

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The basic requirements for a statement of claim are practically the same as for a claim. But in the text it is already possible to describe the situation in more detail and indicate a larger number of regulations that should be applied. In order for a legal and informed decision to be made, it will be necessary to appoint a forensic auto-technical examination. In its decision, the court always records the conclusions of the forensic examination, and not the pre-trial conclusion of a specialist. It would not be amiss to indicate the manufacturer (official representative office) as a third party if the claim is filed against the seller. During the trial, with the consent of the manufacturer, your claims may be satisfied by signing a settlement agreement. And you will be satisfied, and there will be no court decision. Companies that care about their image, in cases where there is a high percentage of losses, try to resolve the dispute without making a decision.

In a court case, if possible, you should always ask for a penalty. Satisfaction of such a claim will fully cover all your costs that cannot be reimbursed by the decision. In some cases, a penalty helps to “punish” an unscrupulous seller. Other times, when you make a claim, the dealer will think twice about denying the claim.

After the decision is made and it comes into force, you will need to contact the car dealership. They don’t do it voluntarily, you can contact the bailiffs who will force you to exchange the car.

If an exchange is not possible, the dealer is required to refund the cost of the vehicle. Please note that the amount you paid is subject to refund. You can come across tricks from dealers to reduce the cost due to the time the car is used, but this is illegal. Moreover, if the price of a similar car goes up, you can ask for the price on the day of the refund.

Exchange and return of a credit car

An interesting question is the issue of exchange and return if the car was purchased with the help of a loan and/or is collateral. In such cases, it is always necessary to involve the bank in the dispute. Even with a passive position, the bank will be interested in helping you, since the loss of collateral can lead to financial losses for the bank. Before the trial, you can report the situation in writing; during the trial, you need to involve the bank as a third party. However, you cannot stop paying on the loan. Firstly, the bank will only help a bona fide payer, and secondly, you will have to pay penalties for any outcome of the dispute.

If a refund occurs when it is impossible to exchange a loan car, penalties for early closure of the loan can be imposed on the dealer. You can also do the same with commissions and interest on the loan that you paid from the onset of the inability to operate the car normally until the outcome of the dispute.

Today, there are quite often cases when the buyer of a car, having noticed the shortcomings of the vehicle during operation, wants to return the car to the seller. However, not all so simple. We will tell you in our article what difficulties a person may encounter if he wants to return a car to a car dealership and how to avoid them.

Purchasing a car is always an important event in the life of every person; it is not only a means of transportation, but also a very expensive type of property that can emphasize the social status of its owner. That is why, when buying a vehicle, a person places high hopes on the official dealer, counting on his integrity, as well as on the high quality of the purchased property. However, today there are very often cases when a buyer enters into legal relations with an unscrupulous dealer, purchasing a car of inadequate quality. This is where many questions arise:

  • how to return a new car of poor quality back to the dealership;
  • when a car can be returned under warranty and what grounds must be met for this;
  • how to force the seller to carry out warranty repairs;
  • during what period the amount paid towards the cost of the vehicle by the buyer to the seller must be returned and much more.

When is it possible to return the car to the dealership?

The vehicle is included in the list of technically complex goods, and therefore the right to return it, in comparison with other goods, is significantly limited. In accordance with legal regulations, you can return the car to the dealership:

  • if any defects (even minor defects) are found in the vehicle, it can be returned to the store within 15 days from the date of purchase (Article 18);
  • During the warranty period or expiration date, the car can be returned if significant deficiencies are detected (Articles 18-20 of the law on ZPP), these include those defects that cannot be eliminated (if warranty or expiration dates are not established, then the car can be returned within a reasonable time - within 2 years from the date of transfer of the vehicle to the buyer);
  • if the deadlines for eliminating defects were violated - during the warranty or shelf life, or within two years from the date of purchase;
  • if it is impossible to use the vehicle for a year for more than 30 days due to repeated elimination of its deficiencies - during the expiration date or warranty, or within 2 years from the date of purchase, if expiration dates have not been established.

Return of a new car within 15 days from the date of purchase

If defects are discovered in a vehicle purchased with a guarantee, provided that 15 days have not passed since its purchase, the buyer has the right to demand:

  1. reduce the cost of the car in proportion to the detected deficiencies;
  2. reimbursement of costs incurred by the consumer to eliminate defects or their free elimination by the seller;
  3. replacing the purchased vehicle with a similar one without defects;
  4. refunds of the cost of the car.

Returning a car within 15 days: highlights

If a defect is discovered, the consumer writes and submits a claim to the seller, and this must be done within 15 days from the date of delivery of the car to the buyer.

Important! In accordance with Article 22 of the Law on the Protection of Consumer Rights, the period for returning funds to the buyer is 10 days.

The seller has practically no opportunity not to fulfill the buyer’s demands, except in the legal option, when it is proven that there are no defects or they arose through the fault of the buyer. Consequently, before the consumer’s request to return the car is fulfilled, the salon has the right to conduct a quality check or an independent examination of the vehicle, but the buyer has the right to participate in its conduct. In addition, the refund period does not stop during the examination. It should be noted that the buyer also has the right to conduct an independent examination on his own if the seller refuses to pay the money, or he does not agree with the results of the examination conducted by the seller. However, conducting an examination is only the right of the buyer; the responsibility to prove the existence of a defect lies with the seller during the entire warranty period. If the seller refuses to pay money or fulfill other demands of the buyer as part of the legal return of the car to the dealership, he can file a claim in court to protect his rights.

Return of a new car after 15 days from the date of purchase

If a fault is detected in the vehicle more than 15 days from the date of delivery of the car to the buyer, the latter has the right to demand from the seller:

  1. replacing the car with a similar one;
  2. returning the car to the dealership and refunding money in the amount paid when purchasing it.

It should be noted that in order to submit a claim, one condition must be met - a significant defect was discovered in the car under warranty and/or it took more than one month in total to eliminate the defects of the car while it was under warranty and/or the deadline for repair work was violated under warranty.

Returning a car after 15 days: main points

The buyer, having discovered non-deliveries in the car after 15 days from the date of purchase, must prepare and deliver to the seller a claim with the relevant requirements, in which he indicates significant deficiencies - according to the law, these are irreparable defects that cannot be eliminated without disproportionate costs or time, or that were identified repeatedly, including reappearing after their elimination. As in the case of returning a purchased car within 15 days, when acting at a later date, both the seller and the buyer have the right to conduct examinations in order to identify the causes of the defect in the car. At the same time, the period of 10 days for a refund for the seller does not stop. If the seller refuses to pay money or fulfill other demands of the buyer as part of the legal return of the car to the dealership, the latter may file a claim in court to protect his rights.

Important! During the period of transfer of claims and other legal relations with the car dealership, the consumer is recommended to save all documents. It is better to serve the claim in person with a receipt receipt or send it by mail with an inventory and receipt of receipt. All this will allow the consumer to subsequently confirm in court the fact of timely filing of a claim with the seller.

Statement of claim for a refund for goods of inadequate quality

The claim is the beginning of the initiation of any civil proceedings; the situation when returning funds for a faulty car in court is no exception. The writing features are regulated by Articles 131-132 of the Code of Civil Procedure of the Russian Federation. A claim for a refund for a defective product must be drawn up in accordance with the requirements of the law; it must contain the data of the plaintiff and the defendant, the content of the claim indicating all information relevant to the case, references to regulations and clear requirements of the seller. The application is accompanied by the necessary documents, including an independent examination report, if available, and a claim for goods of inadequate quality, which confirms the buyer’s pre-trial appeal to the seller for a refund. The consumer's statement of claim regarding a defective product is sent to the court with jurisdiction established by the Civil Procedure Code of the Russian Federation and the Law on ZPP, so the claim can be filed at the choice of the plaintiff:

  • at the place of residence of the plaintiff;
  • at the address where the defendant is located;
  • at the place where the contract for the sale of goods was concluded.

An application to the court for the return of funds for a sold faulty car is usually submitted to a court of general jurisdiction, since the cost of the claim is always higher than that established for cases under the jurisdiction of magistrates. In court, the plaintiff can file claims not only for the return of the amount paid for goods of inadequate quality, but also for the collection of penalties resulting from the seller’s delay in fulfilling legal requirements, as well as compensation for moral damages. The total period for consideration of a claim for the return of funds is two months from the date the court accepted the claim for proceedings.

Sergey

Hello, I bought an Acura car, during operation for 2 years, they replaced more than 500 tons of parts under warranty, including steering mechanisms, repair time was from 25 days, eliminated noise in the engine for 78 days by replacing various parts, the period the car was at the dealer when I could not use it for 36 and 32 days, a repeated breakdown of the steering mechanism and battery was revealed, the dealer refused to replace it under warranty, did a forensic examination, I filed a lawsuit, they ordered a forensic examination in the organization that the defendant asked to conduct, the experts answered that this was an operational defect and the fact that I operated the car carefully and carefully. The main point after the ruling on the appointment of the examination was made, a month later I was in an accident, but in it the other side of the car was damaged and only the tin, those parts for which there were requirements were not damaged. I repaired the car before the examination. The expert didn't even notice any traces of an accident. I did not report the accident to the court because I believed that it was not relevant to my requirements. as a result, a year later the court ordered an additional examination based on my requirements. The defendant at the last meeting stated that I had an accident during the trial and I allegedly hid this information. although it was half a year after I made my demands and the trial began. In the end, the court denied me the full amount. a review of the examination was provided to the court, it was proven that the examination was carried out by an expert without the appropriate certificate, we were not notified where and who the examination took place and we were not present at it, although they carried out a destructive method for the steering mechanism. Also, the parts of my car that were examined were not returned to me. Some petitions were not answered at all. filed a petition for a re-examination and raised an additional question: are the defects in the cars related to the accident that occurred 6 months after the claims I made. I’ll also note that the dealer confirmed all the defects when I contacted him, but refused to replace them under warranty. As for the battery, I’m sure they installed an old one, so it failed for the second time a month later, we requested a certificate, the defendant could not provide it, and also did not comply with the court’s ruling to provide information about the date of issue of the certification, etc. Tell me, are there any chances of appeal? As I understand it, the judge connected everything with the accident.

Awaiting review

Yuri

Hello! In 2018 we bought a Yagur E Raes car. Over the course of almost a year of operation, we contacted the dealership three times about the Webast not working in the cold season. Can this action be classified as a significant malfunction? Thank you

Sergey (senior lawyer)

Hello, Yuri! Of course you can. In accordance with Art. 18 of the Law on the Protection of Consumer Rights, a significant defect of a product is recognized as such a defect, which, among other things, is expressed in repeated breakdown of the same unit during the year.

Marat

Hello. I bought a new car in December 2018. At the end of September 2019, the electromechanical service brake was blocked. They took it to the official dealer in a tow truck. They said the ABS control unit was burnt out and to wait for spare parts within 3-4 weeks. Can I return the car to the dealership or exchange it?

Sergey (senior lawyer)

Hello! No, you can't yet. This drawback is not fatal; it appeared for the first time. Now, if the problem repeats with a new ABS unit or the car remains under repair for more than the period required by law, then you have the right to return the car.

Alexander

Hello! I bought a new car from a dealer in 2016 with a 5-year warranty. In 2019, the car was under warranty repair for 7 days (the doors were repainted due to swelling of the paintwork). In the same year, the steering column was repaired under warranty (the repair cost the dealer 100 thousand rubles). After 20 days there was a repeated complaint about the malfunction of the same steering column. The dealer took the car back for repairs until an undetermined date. All work was carried out only at an official dealer, but not from the one from whom the car was purchased. Can I request an exchange of a car for a new one of the same model and configuration and from which dealer the car was purchased or from which the repair took place?

Sergey (senior lawyer)

Hello, Alexander! Your legal requirements based on Art. 18 of the Consumer Rights Protection Law can only be brought against the seller, that is, the dealer from whom the car was purchased.

Elena

Hello! I bought a car at a car dealership in May 2019, after a few days I couldn’t drive away from the house, the trotter broke down, the gear shift was done under warranty, another month passed, the icon lit up, when the engine arrived for service, they said the gasoline was not of high quality, they threw off the icon and told me to refuel only at expensive gas stations. , so I did, I drove this car to the south, on the road the same icon came on, we took the car to the dealer’s service station on the way, they said that the catalyst had failed and for a long time. A new car and every time something can I return this car to the showroom, the car was bought on credit

Sergey (senior lawyer)

Hello, Elena! Sure you can. Since the product is technically complex and the same problem has appeared more than once, then on the basis of Art. 18 of the Consumer Protection Law, you have the right to a refund.

Dmitriy

I bought a new car, a month later I got into an accident through no fault of my own, the car was sent to the dealer for repairs under comprehensive insurance, after 3 months no repairs were made, there were no spare parts. Can I count on returning the car to the dealer or replacing it with the same one?

Sergey (senior lawyer)

Hello Dmitry! There are no grounds for returning the car, since the conditions stipulated by the legislation on the protection of consumer rights have not been met. All your claims must be addressed to the insurance company. If you agree with the dealer, he can accept your damaged car as a trade-in with your additional payment for a new car.

Eugene

I purchased a Hyundai Porter car model 2834T9 VIN-XU42834T970000087 from Meridian-Auto LLC on December 18, 2007. Chassis - X7MXKN7MO18543. Engine - D4BF7494607. PTS 52MR No. 261556. After which it was registered with Motor G Traffic police department of the Central Internal Affairs Directorate for the Krasnodar Territory 21.12. 2007. This car has been in my ownership since this period, I have not alienated or sold the car. In 2018. I decided to sell this car, when I tried to sell it, it turned out that according to the traffic police database with this VIN number, but with other body and chassis numbers, there is another car that has repeatedly changed ownership. I made inquiries to the seller, the tax authority, and wrote a statement to the police department of the Karasun district of the Ministry of Internal Affairs for the city of Krasnodar to carry out facts of changes in license plate units, the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia for the Krasnodar Territory, the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow. The seller of Meridian-Auto LLC reported that during the sale of the car there were no encumbrances on the car, including no information about the double car, which is confirmed by the state registration of the car with the State Traffic Safety Inspectorate of the city of Krasnodar. Inspectorate of the Federal Tax Service No. 4 for the city of Krasnodar presented an extract in accordance from which this car, according to the traffic police database transferred to the tax inspectorate, was deregistered on June 10, 2011. The Department of the Ministry of Internal Affairs of Russia for the city of Krasnodar issued a resolution on January 21, 2019, refusing to initiate a criminal case, in accordance with which it was established that as a result of the automotive technical examination, a conclusion was established 1. Identification number VIN-XU42834T970000087 of the HUNDAI 2834T9 car with plates of the state registration mark Х801НУ93, which was submitted for examination based on materials KUSP-60243 dated November 6, 2018, is applied on the cab panels and on a duplicate metal plate in accordance with the technology of the specialized assembly plant AvtoMash LLC , has not been altered, altered or destroyed and is original. Department of the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia for the Krasnodar Territory, dated 02/25/2019. A response was given to the appeal that as of February 21, 2019. vehicle 2834Т9 VIN XU42834T970000087, belongs to you since December 21, 2007. to the present time, we additionally inform you that registration actions with a similar vehicle were carried out in the 3rd department of the MOTOTRER State Traffic Safety Inspectorate of the Internal Affairs Directorate for the North-East Administrative District of Moscow, and therefore, if you have any questions, we recommend that you contact the State Traffic Safety Inspectorate of the State Administration of Russia for the city. Moscow. Department of the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow from. 04/02/2019 A response was given to the appeal that, according to information from the Federal Information System of the State Traffic Inspectorate of the Ministry of Internal Affairs of the Russian Federation,1 a vehicle with the same identification number (VIN) ХU42834Т970000087 was registered on June 27, 2007 by the State Traffic Inspectorate of the Kirov Region on the basis of a vehicle passport issued by AVTOMASH LLC. Thus, the FIS State Traffic Safety Inspectorate-M contains information about two vehicles with the same identification numbers (VIN) ХU42834Т970000087. Since the documents that served as the basis for registration actions were destroyed according to the storage period (5 years) to obtain information about these vehicles, on March 11, 2019, the State Traffic Inspectorate of the city of Moscow sent a request to the vehicle manufacturer AVTOMASH LLC, but to date there has been no response received. Upon receipt of a response to our request from AVTOMASH LLC, the Moscow State Traffic Inspectorate will notify you in the prescribed manner. In the public traffic police database on the website https://gibdd.rf/, information about my car and its owners is as follows: Make, model: 2834T9 Year of manufacture: 2007 VIN: ХU42834Т970000087 Body: ХU42834Т970000087 Chassis: 018543 Color: WHITE Displacement (cm³ ): 2476.0 Power (kW/hp): 58.8/80 Type: Flatbed trucks Periods of vehicle ownership from 06.27.2007 to 12.21.2007: Individual from 12.21.2007 to 04.24.2009: Individual from 04.24. 2009 to 03/22/2011: Individual from 06/10/2011 to 02/08/2019: Individual from 02/08/2019 to the present: Individual What does not correspond to the entry in the PTS. Can I file a claim for termination of a purchase and sale agreement? I can’t sell the car, because when checking using the traffic police database, buyers see discrepancies in the records with the title and, accordingly, do not want to buy the car. And another question, do I need to submit an application to the Prosecutor's Office?

Sergey (senior lawyer)

Hello, Evgeniy! In your situation, all limitation periods have already passed (the maximum period is 10 years), so, of course, you can file a claim for termination of the contract, but the court will most likely reject it. Moreover, it is possible that there is no one to file a claim against, since the organization that sold you the car has already been liquidated.

Elena

I bought the car in December 2018... and three months later it simply wouldn’t start. We took it to the dealer's service center, where they said that the automatic transmission control unit was damaged due to the lack of a service hole plug in the front fender liner. That this is not a warranty case, that it’s my fault! Again, the car is 3 months old since it left the dealership. Not only did they refuse warranty repairs, they demanded that the car be removed from the dealership. And plus pay for the diagnostics carried out by them. After such an attitude, I really want to return the car! Is it possible to do this... yes, the car is under warranty

Sergey (senior lawyer)

Hello, Elena! You do not yet have the legal right to return the money, since in accordance with Art. 18 of the Law on the Protection of Consumer Rights, this is allowed only if a significant defect in the product is identified, as well as under other circumstances not related to your situation. Therefore, you were required to have your car repaired under warranty. If they refuse, then file a claim and then go to court. If you are ready to sue, then leave your contact details for feedback.

Dmitriy

Hello, I bought a car in August 2018, in March the clutch stroke disappeared, I went to the service center and everything was changed, after a while the situation repeated itself, I was in the service center 3 times, but they say that everything is fine, can I count on a refund or exchange new car?

Sergey (senior lawyer)

Hello Dmitry! The defect you discovered in the car is significant, as it is repeated several times. Because of this, on the basis of Art. 18 of the Law on the Protection of Consumer Rights, you have the right to demand a refund of the amount paid for the car or exchange the car for another car.

Sergey

Bought a used car in a showroom in Moscow, not having reached Crimea, the engine failed, serious breakdown. Repaired at a hundred Kerch, a week later the engine knocked, it became unusable; or a hundred for poor-quality diagnostics and repair of a car engine resulting in more expensive repairs of the internal combustion engine

Sergey (senior lawyer)

Hello, Sergey! If you can prove that the dealership was aware of the technical problem with the engine, then the claim must be filed with the dealership. A claim must be filed against a car service center if there is fault in their actions, which directly led to repeated engine failure. It is necessary to look in detail at the circumstances of the case, the terms of the concluded contracts, etc. But you can’t do without automotive technical expertise.

Arsen

We bought a car, came to register it weeks later - and then there were restrictions on registration actions! To the old master! What should I do? Is it possible to return the car based on this?

Sergey (senior lawyer)

Hello! Theoretically, it is possible provided that the owner did not report this, and you took all possible steps to check the car for legal purity. It will also be necessary to prove that the old owner knew about the existence of such restrictions.

Alexei

A Peugeot car was purchased in August 2017. During operation, a factory defect in the paintwork of 4 doors, the hood and the trunk was discovered (in the form of internal corrosion on rolled body elements). I can assume that this defect cannot be eliminated because... In OD conditions, during repairs it is not possible to comply with factory painting conditions. In this case, 6 body elements need to be replaced. Can I claim a replacement or refund under the terms of the warranty?

Sergey (senior lawyer)

Hello, Alexey! In this situation, you can demand a replacement car or a refund only if the deficiency is significant. Corrosion of elements cannot be considered a significant defect, at least until the dealer has corrected these defects under the warranty. Therefore, in this situation, you can only demand that the defect be corrected under warranty.

Vladimir

Hello. I bought the car in June 2018. I’ve been coming to the dealer 11 times, one day at a time, over the course of 50 days to repair the all-round parking sensors. No results. Can I count on a refund or a car refund or a replacement car? What should I do for this?

Sergey (senior lawyer)

Hello, Vladimir! This deficiency, in accordance with legal requirements, is significant, since it was not eliminated the first time. Therefore, on the basis of Art. 18 of the Law on the Protection of Consumer Rights, you have the right to return the goods to the seller and demand a refund. First, you need to write a written complaint to the car dealership.

Maksim

I bought a new car, it started to rain, water came into the interior through the rubber band of the glass. 13 days have passed since the purchase, is it possible to return the car to the interior?

Sergey (senior lawyer)

Hello, Maxim! In accordance with Art. 18 of the Law on the Protection of Consumer Rights, you have the right to return the car and demand a refund of the money paid. You also have the right to demand that the car be exchanged for the same model or for another model with a corresponding recalculation of the price.

Ainur

Hello, I bought a new gazelle cargo truck, converted, ordered modifications from a car dealership, the mileage is currently 25,000, I have already changed the clutch, not under warranty, since the factory reported that this is not a warranty case, the cardan literally fell off, the cardan clamp bolts were unscrewed, the gearbox was in oil leaks, the dealer reported that this is normal, the door locks are not working properly, the water supply tubes for the wipers are constantly flying out, the left front pillar needs to be replaced, fluid has leaked out, are these faults necessary to return the car to the dealership?

Sergey (senior lawyer)

Hello! You can return the car to the dealership in two cases: a significant malfunction or the car is under warranty repair for more than 30 days in a calendar year. A significant deficiency is considered to be a fatal deficiency, a deficiency that requires a lot of time and money to eliminate, or a deficiency that is identified repeatedly.