Complaint to a car dealership. Form and sample 2021

A claim to a car dealership is made if the buyer discovers obvious deficiencies in the car that reduce its performance characteristics. Defects can be absolutely varied: from a throbbing engine to a squeak in an opening ashtray. Files in .DOC: Claim form for a car dealershipSample claim for a car dealership

From a legal point of view

From a legal point of view, a complaint is a preliminary complaint, and nothing more. To put it simply, this is the way to:

recording the time of an unpleasant event for you associated with the purchase of a vehicle at a certain car dealership;
informing the car dealership that you have a complaint against it;
bringing to the attention of the car dealership information that you have serious intentions to protect your rights;
a warning that you are ready to go to court if the car dealership does not voluntarily correct the harm caused to you.

In this list, it is item 4 that reflects the purpose of the claim in accordance with the law.

That is, the law provides for a preliminary (or pre-trial) procedure for considering a dispute. And if the car dealership does not satisfy your claims, you have the right to go to court.

That is why there are no clear requirements for filing a claim. It must contain the name of the salon, your personal details and address, and the circumstances due to which you were forced to file a claim.

Where else can you complain?

In addition to contacting the dealership directly, the buyer can complain directly to the manufacturer. If the latter really values his reputation, then all the buyer’s issues will be resolved as quickly as possible. Car dealerships, as a rule, are afraid of such requests, as they can seriously suffer.

The buyer also has the right to apply for protection of his rights to ROSPOTREBNADZOR. But, as practice shows, such requests usually do not give the desired result.

Reasons for sending a claim to a car dealership

No law establishes a list of reasons why you can present your claims to the seller. For some reason, many people like to refer to the Law “On Protection of Consumer Rights,” but it has absolutely nothing to do with it. Consumer rights are the buyer’s right, protected by law, to purchase a quality product or receive an appropriate service. A complaint is your personal dissatisfaction with a car dealership caused by poor service or poor quality product.

Reasons for dissatisfaction may include:

Hidden defects of the purchased vehicle.
Refusal of the car dealership to accept the return of a low-quality vehicle.
Delay in receiving an already paid car.
Refusal of warranty repairs.
Violations of the right of a disabled person to enter a car dealership in a wheelchair using a specially equipped ramp.
Problems encountered with vehicle insurance.
Refusal to provide a replacement vehicle if this is provided by the manufacturer.

In order to determine how much a car dealership owes you, it is enough to read the contract concluded with it. Discrepancies in at least one clause of the contract are already grounds for a claim.

Returning a warranty vehicle to the dealership

Have you ever wondered what product category a passenger car belongs to? According to Decree of the Government of the Russian Federation dated November 10, 2011 No. 924, a car is a technically complex product.

Passenger cars, motorcycles, scooters and vehicles with an internal combustion engine (with an electric motor) intended for driving on public roads.

Clause 2 of the Decree of the Government of the Russian Federation of November 10, 2011 No. 924

This feature must be taken into account, since returning goods of this category has its own nuances that must be taken into account.

Under the warranty, the return of a new car is possible only if the defect was detected no later than 15 days, and the countdown of this period begins strictly from the day the vehicle was transferred.

If any defects are discovered in the warranty vehicle, unless, of course, they were specified by the seller in advance, the consumer is given the right to demand:

Replacement of a defective vehicle with a vehicle of proper quality of the same brand or another.
Full refund.

If the period (15 days) has already expired, then the refund is subject to satisfaction in the following cases:

Detection of a significant deficiency.
Violation of deadlines for eliminating deficiencies established by law.
If the vehicle was repaired within 30 days of each year during the warranty period.

In relation to a technically complex product, if defects are discovered in it, the consumer has the right to refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for such a product or make a demand for its replacement with a product of the same brand (model, article) or with a different product. brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. After this period, these requirements must be satisfied in one of the following cases:

— detection of a significant defect in the product;

— violation of the deadlines established by this Law for eliminating product defects;

- the impossibility of using the product during each year of the warranty period for a total of more than thirty days due to repeated elimination of its various deficiencies.

Paragraph 8 of paragraph 1 of the Law of the Russian Federation dated 02/07/1992 No. 2300 - 1.

I would like to immediately clarify such a concept as a significant drawback.

A significant defect of the product should be understood as:

a) fatal defect of a product (work, service) - a defect that cannot be eliminated by taking measures to eliminate it in order to bring the product (work, service) into compliance with the mandatory requirements provided for by law or in the manner established by it, or the terms of the contract (in their absence or incompleteness of the conditions - usually the requirements), leading to the impossibility or inadmissibility of using this product (work, service) for the purposes for which a product (work, service) of this kind is usually used, or for the purposes about which the seller ( the contractor) was informed by the consumer when concluding the contract, or with a sample and (or) description when selling goods according to the sample and (or) description;

b) a defect in a product (work, service) that cannot be eliminated without disproportionate costs - a defect, the cost of eliminating which is close to the cost or exceeds the cost of the product (work, service) itself or the benefit that could be received by the consumer from its use. In relation to a technically complex product, the disproportionate cost of eliminating the defects of the product is determined by the court based on the characteristics of the product, the price of the product or its other properties;

c) a defect in a product (work, service) that cannot be eliminated without a disproportionate amount of time - a defect, the elimination of which takes time exceeding the period for eliminating the defect of the product established by agreement of the parties in writing and limited to forty-five days, and if such a period is not determined by agreement of the parties - a time exceeding the minimum period objectively necessary to eliminate this defect using the usually used method;

d) a defect in a product (work, service), identified more than once - various defects of the entire product, identified more than once, each of which individually makes the product (work, service) not comply with the mandatory requirements provided for by law or in the manner established by it, or terms of the contract (in their absence or incomplete conditions - usually the requirements) and leads to the impossibility or inadmissibility of using this product (work, service) for the purposes for which a product (work, service) of this kind is usually used, or for the purposes for which the seller (performer) was informed by the consumer when concluding the contract, or the sample and (or) description when selling goods according to the sample and (or) description;

e) a defect that reappears after it has been eliminated - a defect in a product that reappears after measures have been taken to eliminate it.

Clause 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 N 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights”

The car is a fairly expensive purchase, therefore it will not be profitable for the seller to refund your money. Therefore, most likely, he will insist on an examination to find out whether the car really has a defect or not.

Important!

The examination is paid exclusively by the car dealership, but you have every right to be present at the process itself. If it turns out that some defects were caused by the buyer, then you can appeal this decision in court.

The seller (manufacturer), authorized organization or authorized individual entrepreneur, importer are obliged to accept goods of inadequate quality from the consumer and, if necessary, carry out a quality check of the goods. The consumer has the right to participate in checking the quality of the product. (as amended by Federal Law No. 171-FZ of December 21, 2004) In the event of a dispute about the reasons for the occurrence of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is obliged to conduct an examination of the goods at his own expense. The examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to satisfy the relevant consumer requirements. The consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such examination in court. (as amended by Federal Law No. 234-FZ of October 25, 2007) If, as a result of an examination of a product, it is established that its defects arose due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to compensate the seller (manufacturer), an authorized organization or an authorized for an individual entrepreneur, importer, the costs of conducting the examination, as well as the associated costs for storing and transporting the goods.

Paragraphs 2,3 and 4 of Clause 5 of the Law of the Russian Federation dated 02/07/1992 No. 2300 - 1.

Will the claim be beneficial?

The main thing is that the claim is based on your violated rights. The violated right can come from both the terms of the contract and the basic rights of the consumer in general.

The second important quality of a claim is that it must be filed on time, that is, almost immediately after you discover that your right has been violated. If we are talking about returning a car, then the return procedure should begin before 14 days have passed from the date of purchase. It is advisable to find out at this time whether the car has any special defects - rust, “crickets”, body defects, and so on. If you have time to conduct a thorough examination within 14 days, then feel free to write a return request. And if the car dealership refuses, then file a claim.

The third important quality of the claim is compliance with the terms of the contract by the buyer himself. If the car was repaired in a neighboring garage, or the car was tuned, re-chipped or otherwise modified, you can only submit a claim to yourself. That is, you can only repair your car at established service centers.

Refund for a car of inadequate quality

To begin with, it is advisable to make a complaint in writing, where the problem should be clearly and clearly described.

In order to understand how to write a claim to return a new car to a car dealership, you need to, after reading it, rewrite it so that your information is in the right places.

After the claim has been drawn up, we take it to the car dealership, where the manager or management will accept it and register it properly. Please ensure that employees sign their signatures.

The requirements specified in paragraph 1 of this article are presented by the consumer to the seller or an authorized organization or an authorized individual entrepreneur.

Clause 2 of the Law of the Russian Federation dated 02/07/1992 No. 2300 - 1

When the application is accepted, a time frame for eliminating the problems or making a return should be discussed with you. If the employees refused to accept your claim, and this may be the case, then immediately request a written refusal indicating the reason.

The buyer's lack of a document that will confirm the fact of purchasing a car is not a basis for refusal to satisfy the requirements.

The consumer's absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of the goods is not grounds for refusal to satisfy his requirements.

Paragraph 1 of Clause 5 of the Law of the Russian Federation dated 02/07/1992 No. 2300 - 1

When submitting an application, make it clear to the car dealership employees that you are a legally educated person and are very serious about resolving the situation in your favor. In most cases, the dispute should be resolved quickly, as managers try not to bring the matter to court.

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If you decide to return the car after 15 days from the date of delivery, then seek an examination. And if it does happen, don’t rush to rejoice, as experts will help blame you for all the car’s shortcomings. In such a situation, you should go to court, but you are unlikely to be able to win the case on your own, so I advise you to contact and get the help of a lawyer.

A little more about timing

It is very important to follow one more rule. Any statement you make to the salon must be in writing.

Let's assume that we are talking about warranty repair of a breakdown that occurred a few days before the end of the warranty period.

Submit a written statement to the car dealership. Give it to the administrator in two copies. On the second copy, ask the administrator to put a stamp and date of receipt. This will be your copy and your proof that you applied during the warranty period.

If you neglect this rule, then most likely you will hear from the administrator the sacred phrase “Come tomorrow, we’ll solve everything.” You will keep going until the warranty period expires. And then neither a claim nor a court will help you.

The same rule applies to cases of returning a purchased car. Write a statement before the 14-day period expires, and do not agree to “come back tomorrow, we’ll decide everything.”

The statement was ignored. We are writing a complaint

As already mentioned, there are no special requirements for filing a claim. Therefore, know that the lawyer convincing you of the need to competently draw up a claim is only interested in your money.

The claim must contain information:

about previous circumstances (when they bought, what they bought);
about the event that gave rise to the claim (they didn’t give out a car for which you had already paid, they gave you a car with a hidden defect, something broke, something doesn’t work, etc.), and about the time of this event;
about your desire (you demand to pick up the defective product and return your money, you demand to replace the defective product, you demand warranty repair, etc.). Within one claim, you can declare only one desire or several, but arising from the first.

In addition, the claim must contain the following basic details:

Your details, including address, series and passport number.
The full name of the dealership and its address, as indicated in your contract.
A mention that a claim is a way of pre-trial resolution of a dispute, and if the car dealership does not consider and satisfy your claim within the time limits established by law, then you reserve the right to go to court.

The structure of the claim will look like this:

In the upper right corner there is a hat (from whom and to whom).
Under the header in large letters “Claim”.

The descriptive part is what and when you bought from the car dealership and what in the purchase or in the actions of the car dealership does not suit you. Be sure to include the contract number with the car dealership.
The operative part is what you want. We remind you once again - you can demand one thing - either repair, or return, etc. – and reimbursement of related expenses.

A warning about the intention to go to court if the demands are not satisfied.
Date of filing the claim.
Full signature and full name.
List of attached documents.

Claim? What claim?

If you personally bring a claim to a car dealership, then bring it in two copies. The administrator must affix a stamp and date of receipt of the claim on your copy. This will serve as evidence to the court that you have followed the pre-trial procedure for resolving the dispute.

If you are sending a claim by mail, send it by certified mail and keep the mailing receipt. Be sure to attach to the mailing a list of the documents contained in it.

Car dealerships love to convince the courts that they have never seen any claim.

No matter what the car dealership’s lawyers prove to you, know that a stamp or a receipt for sending a registered letter with a claim is ironclad proof that you have staked out your rights. From the moment you leave, you are king of the hill.

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Waiting for an answer

As a general rule, the period for consideration of any appeal is one month. This is a legal requirement.

If there is no response within this period, you can safely go to court with a claim. In a claim, you can ask not only for satisfaction of the requirements set out in the claim, but also for compensation for moral and material damage.

If the car dealership delays its response for objective reasons, then don’t worry and don’t be on duty at the administrator’s door. Remember that you have staked your claim.