The practice of terminating a car purchase and sale agreement. Termination of the contract by agreement

We tell you how to terminate a car purchase and sale agreement quickly and without consequences.

So, in what cases can you cancel a contract? As with any other transaction, the purchase and sale agreement vehicle may be terminated either by agreement of the parties or at the initiative of the buyer or seller.

Based on practice, we can say that voluntary termination of a car purchase and sale agreement in Moscow is extremely rare - in most cases, the parties to the transaction have to defend their interests in court.

The following circumstances may serve as reasons for unilateral termination of the contract:

The seller did not transfer the car to the buyer within the specified period;
The seller did not provide supporting documents;
The seller provided the car in incomplete configuration;
The seller provided a car of inadequate quality;
The seller refuses to fulfill the agreed insurance conditions.

Termination of a car purchase and sale agreement at the initiative of the seller

The buyer did not pick up the purchased car within the agreed time frame;
The buyer did not pay for the car within the agreed time frame;
The buyer refused compulsory insurance.

Termination of a car purchase and sale agreement by agreement of the parties

Of course, voluntary termination of the contract is the most convenient option for all parties to the transaction. If you manage to resolve the conflict before judicial procedure, you can save not only time and nerves, but also the money needed for litigation.

So, if you want to terminate the sales contract and return the vehicle, the first thing you need to do is make a written claim. This document must contain the following information:

Seller details;
Buyer data;
Information about the car (make, cost, etc.);
Details of the car purchase and sale agreement;
Reasons for termination of the contract;
Request for termination of the contract;
Litigation Warning;
Date of filing the claim;
List of attached documents.

Note! If you're having trouble filing a claim with a car seller, you can download our template and use it as the basis for your own document!

The claim written by you is transferred to the other party to the contract (in person or by mail - registered mail with acknowledgment of receipt). If they agree with your demands, all you have to do is draw up and sign an agreement to terminate the car purchase and sale agreement. If there is no response for more than 30 days, go to court.

If the problem cannot be resolved peacefully, you will have to initiate legal proceedings. To terminate a car purchase and sale agreement unilaterally, we recommend following the following algorithm:

Step 1. Prepare a statement of claim

In the text of the statement of claim in mandatory you must specify:

Name and details of the court to which the statement of claim is filed;
Details of the plaintiff (full name, place of residence, passport details, contact phone number, email address);
Defendant's details;
The circumstances of the case;
Details of the purchase and sale agreement;
Information on compliance with the pre-trial procedure for contacting the defendant;
The plaintiff's claims (in in this case- requirement to terminate the contract of purchase and sale of a car);
List of documents attached to the application.

Step 2. Prepare documents to go to court

The statement of claim must be accompanied by next package documents:

A copy of the car purchase and sale agreement;
A copy of the claim sent to the second party to the contract;
Copies of the statement of claim (according to the number of defendants);
Receipt for payment of state duty.

Note! The article provides an approximate list of documents, which may vary depending on the situation.

Step 3. Go to court

By general rule, a statement of claim for termination of the purchase and sale agreement is filed with the district court at the place of residence (location) of the car seller.

Don't know which court to go to? If you live in Moscow, then court details and other necessary information you can find it on the website mos-gorsud.ru.

Step 4. Take part in the court hearing

If you made no mistakes when drawing up the statement of claim and collected a complete package of documents, then within five working days after filing the claim the court will set a date and time for the hearing.

The court's decision comes into effect legal force after the deadline for appeal has expired (i.e., in a month).

In some cases, but most often due to unsatisfactory technical condition, a recently purchased car is being returned to the former owner. In this thematic review we will look in detail at how to do this correctly and what formalities need to be followed.

Terms for terminating a car purchase and sale agreement

The document documenting the purchase of a car is a (DCP). After signing of this document by both parties, the right to own a vehicle (vehicle) passes from the seller to the buyer ( Art. 454, part 1 of the Civil Code (Civil Code) of the Russian Federation). Termination of PrEP implies reverse procedure - cancellation of this agreement and return of ownership of the vehicle to the seller.

The contract can only be considered terminated after signing an agreement on its cancellation by both parties or (if one of the parties disagrees) after the court makes the appropriate decision. This is stated in Part 3 Art. 453 Civil Code of the Russian Federation:

In the event of termination of the contract, obligations are considered terminated from the moment the parties enter into an agreement to terminate the contract, and in case of termination of the contract in court - from the moment the court decision to terminate the contract enters into legal force.

According to the law, the terms of termination, i.e. permissible limit The limitation period is determined by three years from the date of discovery of a significant defect in the purchased product ( Art. 196 clause 1, art. 200 clause 1 of the Civil Code of the Russian Federation).

It is worth noting: if the buyer wishes to cancel the contract due to a significant defect identified, he will need prove that this defect was on the car before it was purchased, and not received as a result of improper or careless operation of the car by the new owner. To do this, the buyer must get an opinion independent examination .

Grounds for termination of the contract

An existing transaction can be canceled only with mutual consent of the parties or if there are compelling reasons for doing so. This rule is approved at the legislative level.

IN Art. 450, clause 1 of the Civil Code of the Russian Federation said:

Amendments and termination of the contract are possible by agreement of the parties.

In this case, it is implied that both parties have reached a mutual decision to cancel the previously concluded agreement. This solution usually does not cause any problems.

It’s a different matter if only one party to the contract has a desire to terminate it. With such a development of events, a conflict is likely to arise. What does the Civil Code of the Russian Federation say about such a situation?

IN clause 2 art. 450 said:

At the request of one of the parties, the contract can be changed or terminated by a court decision only:

in case of a significant breach of contract by the other party;

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.

The grounds for terminating a car purchase and sale agreement must be significant. For example, if the buyer no longer likes the car he purchased, then such a reason cannot be considered significant. If all the defects identified in the car in monetary terms are much less than the price paid for the car, then such defects cannot be considered significant and will not serve as grounds for canceling the transaction.

Have you ever managed to terminate a car purchase agreement?

Another example: after purchasing a car, the buyer discovered that the windshield wiper blades did not work and the lock did not open driver's door, leaking expansion tank. Together, eliminating these shortcomings will cost approximately 3 thousand rubles. The cost of the car upon purchase was 100 thousand rubles. Conclusion: the buyer in this case cannot demand termination of the concluded transaction due to significant deficiencies.

The buyer has the right to return the vehicle to the seller if any parameters of the purchased vehicle do not correspond to those specified in the contract. For example, the document says that the car is in good technical condition, but in reality it turns out that the main components or assemblies of the purchased car are not functioning. This is a direct violation of the conditions prescribed in the DCP. Therefore, the buyer in such a situation has every right to cancel the previously concluded agreement.

The buyer has 2 options to initiate cancellation of the concluded agreement:

Contact the seller and indicate the identified defect. This path involves one of two possible options:
- both parties agree to terminate the contract;
- the seller will refuse to cancel the contract;
File a claim in court.

Further actions to cancel the agreement will depend on the decision made by the seller.

If the seller agrees to cancel the contract, i.e. there is mutual consent, then it is enough to draw up a document that will indicate the consent of the parties to the transaction to cancel the agreement. This is stated in clause 1 art. 452 Civil Code of the Russian Federation:

An agreement to amend or terminate a contract is made in the same form as the contract.

You can read more about the termination agreement in the article below.

If the seller refuses to cancel the contract, then the buyer, according to clause 2 art. 452 Civil Code of the Russian Federation, may file a lawsuit.

A demand for termination of a contract may be submitted by a party to the court only after receiving a refusal from the other party to the proposal to terminate the contract or failure to receive a response within the period specified in the proposal or statutory or by agreement, and in its absence - within thirty days.

The buyer's request to cancel the contract is formalized in claim procedure, i.e. in the form of a written claim, for consideration of which 30 days are given.

Claim for termination of the purchase and sale agreement

When going to court, this document is proof that the buyer notified the seller of his intention to terminate the contract. The claim procedure implies sending a claim by post with notification of delivery to its addressee.

This means that you can send a document by registered or certified mail with notification of its transfer. The postal service will inform the sender that the letter has been personally delivered to the addressee. The notification of delivery will be received by the sender either in the form of a written notice or in the form of a telegraphic message, depending on the form of notification chosen by the sender. This notice is documentary evidence of a claim when considering a case in court.

Only 30 days from the date of sending the claim, the buyer has the right to file a claim for termination in court.

The claim must contain the following information:

Information about PrEP:
- number (if available);
- date of conclusion;
- Full name and passport details of both parties.
List of detected defects and malfunctions. If there is an official conclusion after an independent examination, a copy of this document must be attached to the claim;
Proposal to voluntarily cancel the agreement bilaterally and return the money previously paid for the car.
Warning about filing a claim in court in case of refusal to voluntarily terminate the contract.
Date of filing the claim.
Signature.

This document must be printed in 2 copies. One copy is sent to the seller, the other remains with the buyer.

Termination Agreement

There is no unified form of this document. But when registering it, certain formalities must be observed and certain information must be recorded.

The agreement must contain the following points:

Title of the document: “Agreement on termination of the purchase and sale of a car.”
Date and place of signing.
Information about PrEP:
- date of registration;
- subject of the transaction.
The wording that all obligations under a previously concluded agreement end from the moment the agreement is signed.
Signatures of the parties.

The agreement should be accompanied by a vehicle acceptance certificate, i.e. recorded in order to avoid possible claims further. If the contract was certified by a notary, then the termination of the transaction must be confirmed by a notary.

How to terminate a deal in court

Before sending a statement of claim to the court, the buyer must prepare a package of documents:

Lawsuit, which should reflect the following points:
- Full name and postal addresses of the parties to the conflict;
- information about the circumstances of the case;
- duration of operation of the purchased vehicle;
- a complete list of significant deficiencies discovered during the period of operation;
- damage caused by operating a faulty vehicle;
- requirement to cancel the contract and return the money paid for the car;
- justification with references to the law;
- amount of compensation for moral damage;
- claim for payment of legal costs;
- date and signature.
Receipt or check, confirming payment of the state duty.
A copy of the vehicle purchase and sale agreement.
A copy of the vehicle acceptance certificate(in the presence of).
A copy of the claim sent to the seller.
Receipt for sending the pre-trial claim to the seller.

After reviewing the submitted package of documents, the judge will set a date for the trial and notify all parties to the conflict. After the trial, the court will render its verdict. If the decision is positive The DCT will be canceled and the court will oblige the defendant to return the money for the car and pay compensation(if there is such a requirement). If the verdict is negative, the agreement will remain in force.

Termination of a car purchase and sale agreement is a transaction carried out by mutual agreement between the seller and the buyer or unilaterally, however, in the latter case, it is often possible to invalidate the document only by a court decision.

According to Art. 450 of the Civil Code of the Russian Federation, termination of any contract is possible only if mutual agreement, however, its effect may be terminated by one party by court decision in following cases:

Violation of the terms of the deal.
The technical condition does not correspond to that stated in the document.

In Art. 452 of the Civil Code of the Russian Federation states that termination of a transaction through the court is possible only when a settlement agreement has not been reached and is not documented, therefore, before filing a claim, it is necessary to send a claim to the seller or buyer, for the execution of which he is given 10 days.

Procedure for terminating a deal with a car dealership

When, in accordance with the Civil Code of the Russian Federation, the buyer has the right to initiate termination of the purchase and sale agreement:

The seller violated the delivery deadlines for the vehicle.
The contents or color do not correspond to those stated in the document.
A manufacturing defect was discovered.
The car dealership did not provide the accompanying documents for the car.

Sellers also have certain rights that allow them to terminate the transaction if the buyer does not pick up the car within the agreed time frame, does not pay for the purchase, or refuses insurance if this was provided for in the contract.

Most often, car dealerships, when a client discovers a manufacturing defect, agree to a peaceful resolution of the conflict and return the money, or change the car, but if this does not happen, you need to make a written claim addressed to the manager. What the document should contain:

List of identified faults and inconsistencies.
Request for return Money or replacement of goods.
List of losses caused due to incompetent actions of car dealership employees.
A warning about the intention to file a lawsuit if there is no response to the claim.

If it was not possible to resolve the conflict by amicable agreement, you must contact the expert department and draw up a report describing all the shortcomings, then send the claim to the court, attaching documents from the expert.

Termination of a contract with an individual

If a used vehicle was purchased outside of a car dealership, then to terminate the transaction it is sufficient to draw up a termination agreement or physically destroy the purchase and sale document, provided that both parties agree to this. Most often, sellers refuse to return the money, and then the buyer can only solve the problem through the courts.

What is needed for this:

Conduct an examination of the technical condition of the vehicle.
Draw up a claim describing the shortcomings and indicating the grounds - Art. 10 of the Federal Law “On the Protection of Consumer Rights”, according to which a person is obliged to notify the buyer about the defects of the goods before concluding a transaction.
Attach to the claim a copy of the expert's opinion and the purchase and sale agreement itself.

If the court satisfies the claims, the seller will be obliged not only to reimburse the buyer for the examination costs and return the money, but also to compensate for legal expenses.

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

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

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

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

Grounds for termination of the contract

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

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

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

Termination of the contract at the initiative of the buyer

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

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

Termination of the contract by agreement

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

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

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

Termination of the contract in court

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

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

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

Termination of contract with a car dealership

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

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

How to avoid litigation?

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

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

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

Conclusion

Termination of a previously concluded car purchase and sale agreement is possible, including in court. However, in order not to resort to extreme measures, it is worth trying to resolve the dispute peacefully with the other party: the car dealership, the buyer, the seller. The court will need to present valid evidence, so save on technical diagnostics not worth it. The costs are usually borne by the party at fault.

Terminating a car purchase and sale agreement is unpleasant and time-consuming, but quite realistic. Especially when it comes to terminating a contract with a car dealership. If the car was bought second-hand, then everything is much more complicated.

If the contract is terminated, the car is returned to the seller, who is obliged to return the buyer’s money for the car. Key point: the famous law “On the Protection of Consumer Rights” is only valid if the car was purchased ex-showroom. If you need to terminate a contract for the purchase and sale of a car “from hand”, then you need to turn to the Civil Code (primarily Article 450), and not to the Law “On the Protection of Consumer Rights”.

It is important to know: in theory, everything is simple and clear. Practice, as always, is very different from theory, and pitfalls appear where no one expects them. Our lawyers are ready to completely relieve you of the headache of terminating the contract and provide you with this turnkey service.

There is another option - you can contact us for free legal advice, where we will tell you what to do to terminate a car purchase and sale agreement, what to be wary of and what to pay attention to when terminating the contract. In this case, you will do all the procedural steps yourself.

Why can you terminate a sales contract with a car dealership?

First, let's talk about terminating the contract with the car dealership. In this case, we use the law “On Protection of Consumer Rights”.

It is important to know: from a legal point of view, a car- it's technical complex product(clause 2 of the List of technically complex goods).

For what reasons can you terminate a contract? within the first 15 days? This is stated in Article 18 of the Law “On the Protection of Rights...”. The buyer has the right to terminate the car purchase and sale agreement with the car dealership if defects are discovered in the car. Any flaws, even small ones. You can return the car and get your money back within the first 15 days after the car is delivered to the buyer.

By the way, the buyer can present other demands to the car dealership (reduce the purchase price, for example), but we will not touch on this in this article. If you are interested - contact us for a free consultation.

If defects in the car are revealed later than 15 days after the car is handed over to the buyer, then the contract can be terminated in the following cases:

If the car has a significant flaw.
If the salon took the car for repairs, but violated the deadline for this repair.
If the buyer cannot use the car for 30 days or more during the year due to the fact that this car has to be repaired.

It is important to know: significant shortcomings These are damages that cannot be eliminated, or that can be eliminated, but it will take a disproportionate amount of money or time, as well as defects that appear after appropriate repairs, that is, do not disappear after elimination.

It is important to know: the period for car repairs is determined by agreement between the car dealership and the buyer. In any case, the repair period cannot be more than 45 days. That is, if the salon takes 46 days to repair the car, then you can demand termination of the car purchase and sale agreement with the car dealership.

Termination of a car purchase and sale agreement if the car is pledged to the bank

It happens that a car dealership purchases cars by taking a loan from the bank for this. The purchased cars themselves serve as collateral. The salon has the right to sell pledged cars, but only on the condition that the buyer knows about the pledge (Part 1 of Article 460 of the Civil Code of the Russian Federation). If the car dealership deceived the buyer, that is, it sold a collateralized car, although the contract states that there is no collateral, then the buyer has the right to demand termination of the car purchase and sale agreement with the car dealership (Part 1 of Article 460 of the Civil Code of the Russian Federation).

It is important to know that when you make a claim against a car dealership, you must prove that you are right. You may need an auto technical examination to determine what caused the car's shortcomings. We are ready to take on all the work on this issue.

Procedure for terminating a car purchase and sale agreement with a car dealership

You should start with a pre-trial claim. If you skip this stage and immediately send a claim to the court for termination of the contract, the court will not consider this claim. Standard form There is no need to write a complaint. That is, it is written in free form. The claim must indicate the circumstances of the case: when you bought the car, what shortcomings were discovered and on the basis of what articles of the law “On the Protection of Rights...” and the Civil Code you are demanding to terminate the contract of purchase and sale of the car. If you conducted an examination, you need to attach documents about its results.

The claim must be sent by registered mail with acknowledgment of receipt, so that the car dealership cannot later state “we didn’t receive anything.”

Next, the car dealership may agree to the buyer’s demands and return the money, in which case the case will be closed. Or he may not agree - and then the salon is obliged to appoint an examination at its own expense (Article 18 of the Law “On the Protection of Rights...”). If the examination concludes that the buyer is to blame for the defects, then he will have to reimburse the salon for the cost of the examination.

Let's imagine that the case went to court. It is necessary to file a claim for termination of the car purchase and sale agreement in court. Article 131 of the Civil Procedure Code says that you need to write in the claim:

name of the court to which this claim is filed (at the location of the car dealership);
Full name and place of residence of the plaintiff;
name of the defendant company;
the essence of the matter is what the violation of the buyer’s rights is. Here you need to describe the whole situation. It is impossible to do without indicating specific articles of the Civil Code and the Law “On the Protection of Rights...”, which give the plaintiff the right to demand termination of the car purchase and sale agreement with the car dealership;
information that the pre-trial procedure has been observed (that a claim has been filed);
list of attached documents.

Yes, the lawsuit itself is not everything. You also need to attach documents that confirm your case. At a minimum these should be:

a copy of the car purchase and sale agreement;
act of acceptance and transfer;
receipt of payment of state duty;
a tear-off coupon confirming the direction of the claim to the seller.

There may be other documents - you need to look at the situation.

The court has the right to appoint its automotive technical expertise so that she can figure out who is to blame for the defective car. It is likely that the court will decide to terminate the car purchase and sale agreement based on the data from this examination.

Lawyers say that winning in court is half the battle. If the buyer wins the trial, then the next stage- enforcement proceedings. A car dealership can delay paying money for months. In this situation, you also need the help of a lawyer.

It is important to know: it is impossible to talk in detail about everything in this article, there are too many nuances and different conditions, on which the progress of the case depends. But on free consultation It will be possible to speak more specifically and accurately.

How to return a car that was bought secondhand

If the seller, as they say, is “stubborn,” then termination of the car purchase and sale agreement turns into big problem. Upon termination of the contract with an individual, when a car was bought second-hand, you need to rely on Articles 450 and 475 of the Civil Code of the Russian Federation.

Article 450 of the Civil Code of the Russian Federation states that a contract can be terminated by a court decision in the event of a significant violation of the contract by the other party. The question arises: what is a fundamental breach of contract? The Civil Code only says in this regard that this is a violation “which entails such damage for the other party that it is largely deprived of what it had the right to count on when concluding the contract.”

In other words, it is impossible to say anything for sure. In fact, you need to convince the court that the truth is on your side. And if you buy a car second-hand, it will be extremely difficult to do this without an experienced lawyer.

Why you need an experienced lawyer

Any car dealership has lawyers whose main task is to make sure that a dissatisfied customer cannot return the car and get money. You can be right, but the opposing company’s lawyers will play for time and fray their nerves in the hope that the buyer will get tired of fighting and reconcile.

If the car was bought second-hand, then a lawyer is even more necessary, because practice shows that such cases are very complex.

In addition, by contacting a lawyer, you will maintain the usual rhythm of life - no collecting documents, no knocking on the thresholds of courts and car dealerships, no reading the Civil Code. Lawyers will do everything themselves.

Some legal issues only seem simple, and termination of a car purchase and sale agreement is just such a case. Returning the car legally and getting the money - what could be so difficult? The difficulty is that the car dealership considers the issue of selling the car closed and really doesn’t want to part with the money and take the car back.

Therefore, take advantage of our free legal advice, which does not oblige you to anything. To do this, just call or write a message in the form below. You will ask questions that interest you and receive direction for further action.

Our practice shows that in the process of terminating a car purchase and sale agreement with a car dealership, many difficulties always arise, and finding correct solution in a situation only a person can do well knowledgeable of laws RF. Therefore literate legal consultation, in matters of consumer protection, will never be superfluous.

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