Is it possible to return a car to the dealership after purchasing it in 2021 within 14 days, even if it was purchased on credit?

In order to retain customers, car dealerships use the practice of prepaying for a car. If a client comes to the store with the firm intention of buying a car, but on that day there is no car of the required color or configuration, the salon employees offer to make a deposit. A purchase and sale agreement is drawn up, in which the amount of money paid is indicated. The deal is beneficial to both parties - the store has found a buyer, and he can live peacefully, knowing that he will receive the car within a certain period of time.

What does the law say about car return?

The legal relationship between the buyer and the seller when purchasing a car at a car dealership is subject to the Law of the Russian Federation “On the Protection of Consumer Rights” No. 2300-1 (hereinafter referred to as the Law of the Russian Federation).

Like any other product, a car can be returned if the buyer meets certain conditions. However, keep in mind that this only applies to cars with flaws. If it is defective, it cannot be exchanged/returned within 14 days. This is stated in the List of non-food products that are not subject to exchange and in Art. 25 No. 2300-1 Law of the Russian Federation.

Since a car is a technically complex product, if defects are discovered in it within 15 days from the date of its delivery to the buyer, the latter has the right to refuse to execute the sales contract and demand from the dealer:

Refund of the amount paid for it.
Replacement with a product of a similar/different brand (model/article) with a corresponding recalculation of the price - clause 1 of Art. 18 No. 2300-1 Law of the Russian Federation.

At the end of the 15-day period, such requirements must be satisfied if:

Detection of a significant deficiency.
Exceeding the 45-day period for eliminating deficiencies.
Inability to use the vehicle for more than 30 days during each warranty year in total due to repeated repairs.

I'll talk about this in more detail later.

Returning a car purchased secondhand

Transactions concluded between individuals are not subject to the Law “On Protection of Consumer Rights”.

Buying a car second hand is regulated by the Civil Code of the Russian Federation.

In accordance with Art. 469 of the Civil Code of the Russian Federation, the seller must transfer to the buyer a product whose quality complies with the terms of the agreement concluded between the parties.

If there are no conditions regarding the quality of the goods, it is considered that the item being transferred must be suitable for use.

Pitfalls of a purchase and sale agreement

A transaction for the purchase and sale of a vehicle between individuals. persons is not subject to mandatory notarization and is concluded in simple written form.

An agreement drawn up without legal assistance may contain many inconsistencies with the law and double interpretations, which an unscrupulous owner can turn to his advantage.

Specify in the purchase and sale agreement:

Full name of the parties to the transaction;
passport details;
description of the vehicle;
mileage;
car damage, if any;
transaction amount;
exact time of purchase.

The more detailed the description, characteristics and shortcomings, the safer the position of the parties to the agreement will be if the other party refuses to fulfill their obligations.

Download the car purchase and sale agreement form

Procedure for returning a car to the former owner

Return the vehicle to the individual. face is much more difficult than going to a car dealership. This can be done in two ways - voluntarily or through the court.

Voluntary order

To resolve the situation peacefully:

collect evidence of the breakdown - conduct an examination that will determine that the condition of the vehicle is worse than originally stated;
file a written complaint and send it to the seller.

If he voluntarily agrees to take the car back and refund the money, cancel the sales contract and re-register the owner with the traffic police.

Attention! When transferring money, make a receipt for the return of funds for the car. It will confirm the absence of mutual claims regarding settlements.

Judicially

If the seller refuses to cancel the purchase and sale agreement, go to court. The chances of a positive outcome of the case are extremely low, so for a greater chance of resolving the issue in favor of the plaintiff, enlist the help of a lawyer.

To go to court:

collect evidence that the breakdown occurred due to the fault of the former owner;
file a claim and attach documentation for the car;
file a claim with the court.

File a claim in the district court where the plaintiff or defendant lives.

What is the basis for returning a car?

Returns are possible, but please pay attention to the deadlines. If you made a return request within 15 days from the date of delivery of the car, you can indicate as a basis any defects that were not disclosed by the seller when completing the transaction. In this case, it does not matter whether the production defect can be eliminated or not - clause 5 of the Review of the RF Armed Forces.

Please note that at the same time the following conditions must be met:

The presentation of the vehicle has been preserved - there are labels/stickers and other information from the seller/manufacturer placed in the interior, on the body and windows.
The car has no chips, scratches, dents, etc.

In what cases can a vehicle be returned?

If you contacted later (the 15 days have long expired), you can return the car in the following cases:

The seller deceived/misled you at the time of the transaction.
At the time of signing the purchase and sale agreement, you were not provided with information about the car or its technical characteristics.
You have discovered a significant flaw.
The dealer refused to perform warranty repairs/failure to correct the defects within 45 days.
You were unable to use the vehicle due to repeated repairs - more than 30 days during each warranty year.
The examination confirmed that the defect was significant or that it could not be technically eliminated.
The same defect was identified more than once during the warranty period.
The manufacturer (authorized organization/individual entrepreneur, importer) violated the 20-day period for carrying out repair work on the vehicle during its service life.

How to determine if a deficiency is significant

A deficiency is significant if it is clause 13 of the RF Supreme Court No. 17:

Unrecoverable - cannot be eliminated through repair and makes it impossible to use the vehicle. For example, the geometry of the body is broken/there is a defect in the car’s painting (if the composition/sequence/technology/conditions for applying coating layers, etc.) are violated.
We can eliminate it, but it requires disproportionate expenses - and such costs are close to the cost of the car or exceed it or the benefit that would be received by the buyer when using it. Disproportionality is determined by the court.
Cannot be eliminated without disproportionate time costs - the time spent on repair work exceeds the period established by agreement of the parties (but not more than 45 days), and if it is not determined, the minimum period required to eliminate the defect.
It is detected repeatedly (more than once) and manifests itself in the form of various breakdowns. Moreover, each of them individually makes the car not comply with the mandatory requirements of the law/contract and leads to its impossibility/inadmissibility of use.
It appears again after repair - and exactly the defect that has already been repaired should appear.

If the identified defect turns out to be significant, you have the right to return the car to the dealership and demand a refund of the money paid.

I am a seller - the buyer asks for a refund

If in this situation you act as a seller (in good faith, we hope!), and the buyer wants to return the car to you and pay for it, then read the sections above about whether this can be done, reformulated as “can the buyer do this "

If we are talking about a mechanical breakdown, and you were not aware of it, then you can simply not answer the buyer’s calls, wait for a pre-trial claim and/or a subpoena. At the same time, it is better to come to the court hearing as a defendant and answer the judge’s questions that you have no idea what is being discussed and that you had no shortcomings in operating the car.
If a claim has arisen regarding the quality of paint or repairs, then the prospects for being able to prove the poor quality by the buyer should be assessed, since here he is more likely to be able to get his money back.
If the claim is filed based on the presence of an accident, then there is nothing special to present here. The presence of accidents does not have to be indicated in the contract. But if this led to the loss of the consumer properties of the car and in this form with hidden damage it was transferred to the buyer, then the claim already has its grounds.

When is it legal to return a car to a dealership?

The car can be returned within the following periods:

In warranty - set by the manufacturer and ranges from 2 to 5 years from the date of transfer of the car to the buyer (depending on the brand of the vehicle). If it is not established, a special period specified in the law is applied - 2 years (Clause 5 of Article 19 No. 2300-1 of the Law of the Russian Federation).
Service life is set by the manufacturer and averages 6-7 years. And in its absence - within 10 years from the date of transfer of the car to the consumer - clause 6 of Art. 19 No. 2300-1 Law of the Russian Federation.

Can I return the car under warranty?

Within a year, you can return the car to the dealership under warranty. If you send it in for repairs, then after 45 days you have every right to demand a refund of the entire amount for the car.

At the same time, you must have documentary evidence that the car was returned for repair under warranty more than 45 days ago. This is done through filing claims. You can write everything right on the spot, or you can send the paper by mail. In any case, if after a month and a half they cannot return your repaired car, feel free to ask the car dealership for compensation or an exchange.

There is another option for returning under warranty. You can prove that the car was inoperative for more than 30 days during the year. To do this, you must save all receipts for repairs that have been carried out recently. If the total amount is more than a month, you can apply for a refund.

If the car dealership stubbornly does not return your money, you should do the following. Submit a written claim demanding termination of the contract and reimbursement of the full cost of the car, penalties for non-use of the car during repairs, compensation for legal costs and court costs, as well as moral compensation.

When the dealer does not respond to your warranty claim within 10 days or refuses, you can go to court. If your demands are ignored, then, regardless of the court decision, the company will have to pay a penalty of 1% of the cost of the car for each day of delay.

The car dealership must prove that the car has become unusable due to your fault or the fault of third parties. If he cannot do this, then you return the car and get the money back along with all interest.

When it is not possible to peacefully resolve a conflict with the dealer’s company, you need to go to court. If you win the case, you will be reimbursed for the entire purchase amount, lawyer fees, court costs, late fees and moral compensation.

Do not forget that in order to go to court, you must collect all evidence of a breakdown or repair of the car. Therefore, request a receipt every time and carefully check all dates. If the dealer's showroom refuses to accept the car under warranty, demand an official refusal, otherwise send a claim by mail.

If any work has been carried out, request that repairs and installation of additional equipment be recorded in writing, signed and stamped.

How to return a car to a car dealership - step-by-step instructions

The procedure for returning a car to the dealership depends on the time frame for contacting the seller:

Whether or not the 15 days allotted by the Health Protection Regulations have expired from the date of delivery of the car to you.
Beyond the 15 day period.

Next I will tell you about each of them in more detail.

How to return within 15 days of purchase

To return a vehicle, follow the following algorithm:

First, you need to determine whether you have the right to return the car by law.
If the car dealership refuses to resolve the issue peacefully, prepare a claim.
Send the document to the seller by mail in a valuable letter with a list of the attachments to his legal address or submit it in person. In this case, request that your copy be marked upon receipt.
If you receive a refusal to apply/failure to receive a response to it within 10 days, prepare a claim in court.
Prepare a statement of claim in accordance with the requirements specified in Art. 131 Code of Civil Procedure of the Russian Federation.
Decide on the court - the claim is filed at the choice of the plaintiff in the district (city) court - Art. 29 Code of Civil Procedure of the Russian Federation.
File a claim with the court office in person or through a representative. Sending is also possible by mail or through the electronic service of State Automated System “Justice”.
Take part in legal proceedings. If the court makes a negative decision, appeal.
After a positive court decision comes into force, receive a writ of execution and send it to the bailiff service for execution.

How to return a car after 15 days

Returning a car after 15 days is possible:

During the warranty period.
During its service life.

I'll tell you in more detail later.

How to make a return under warranty

If a malfunction is identified after a 15-day period, it will not be possible to immediately return the car.
The warranty period refers to the period during which, if a defect in the product is identified, the seller/manufacturer is obliged to satisfy the buyer’s requirements - clause 6 of Art. 5 No. 2300-1 Law of the Russian Federation.

It is important to correctly determine the warranty period for your car. To do this, check the DCP/service book. On average, its duration is 3 years and depends on the brand of car.

However, it happens that this period is set very short - for example, 1 year. If this is your case, then you have the right to submit your demands within a special period specified in the law - this is 2 years (Clause 5 of Article 19 No. 2300-1 of the Law of the Russian Federation).

During the warranty period you have the right to demand:

Repair under warranty.
Car replacements.
Reducing prices.
Refund.

If a fault is detected 15 days after purchase, you can only request repairs first. Please note that within the warranty period, car malfunctions are assumed to be the fault of the seller. It is he who is entrusted with the responsibility of proving that the car broke down through no fault of his own.

It will not be possible to return the car if the seller proves that the defects arose as a result of:

Violation of the rules for use/storage/transportation of the vehicle.
Actions of third parties.
Force majeure - nothing will happen to you.

In practice, the dealer usually relies on the first point - you did not operate the car correctly, and that is why the breakdown occurred.

Be careful, he may, for example, not give you documents for warranty repairs (work orders), because these are the main evidence of defects not being your fault, etc. In this case, ask for them.

Therefore, to return a car under warranty, follow the following algorithm:

Make sure the warranty period has not expired.
Compose a statement describing the identified significant deficiency and demand its immediate elimination.
Demand that the dealer provide a free tow truck if the car is not drivable - clause 7 of Art. 18 No. 2300-1 Law of the Russian Federation. The time spent on transportation is included in the repair period, violation of which will be the basis for returning the car. It is better to formalize such a request in writing and submit it in person with a mark on your copy when it was received.
Submit the car for repairs and at the same time present a written application to the service reception. In it, describe the defect of the car and demand its immediate elimination. This is necessary to ensure that the inspection technician does not distort data about the malfunction and does not describe it in his own words in the interests of the service.
Request your copy to be marked upon receipt indicating the registration number, service stamp and seal. The mark is important, since the repair period is counted from the moment the request is received, and not when the repairman actually starts fixing the breakdown.
If your application is rejected, send it in a valuable letter with a list of attachments.
Receive from the service center your copy of the acceptance certificate/work order with a description of the condition of the car, certified by the signature and seal of the service, even if the breakdown is insignificant.
Leave the car in the service center until the repair is completed. This is necessary so that the dealer does not later say that you were using a faulty car or that such a defect did not prevent you from using it.
Don’t forget to record the dates when you dropped off and picked up the car. Do not agree to extend the repair period. If the 45-day repair period is violated, you have the right to return the car. Read the documents carefully. An extension clause may be included in the fine print of the work order, and by signing it, you agree to the extension.
Inspect the car after completion of repairs before signing the acceptance certificate. If you find external damage, request that it be included in the deed or a replacement document.
Verify that all reported problems have been resolved. If they have previously appeared while driving, request a test drive with a service representative. If at least one minor defect is not eliminated, demand a complete correction and only after that sign the act/work order.
Do not pick up the car without a document after the repair is completed. You are required to provide in writing a document on the date of your request to eliminate the malfunction, the date of transfer of the vehicle to the service, the date of elimination of the defects with their description, the replaced parts and the date of delivery of the car after the completion of the repair - clause 3 of Art. 20 No. 2300-1 Law of the Russian Federation.
Check the received document for the dates of acceptance and delivery of the car. If they are not true, request that they be corrected, citing the day your application was received.
If after repair the fault reappears, contact another service for diagnostics. Repeated breakdown indicates a significant flaw in the car, which is not beneficial for the seller. So he will try to give another reason. If you contact another service, they will most likely indicate a real breakdown.
If a repeated malfunction is detected, submit a claim to the seller personally with a receipt stamp on your copy, or send it by mail in a valuable letter with a list of the contents. Attach to the document the conclusion of a third-party service center confirming the fact of the examination.
If you receive a refusal/failure to receive a response within 10 days, prepare a statement of claim and submit it to the court office in person/through a representative, or by mail or through the State Automated System “Justice” portal.
Take part in legal proceedings. If a court decision is not in your favor, appeal.
If the decision is positive, wait until it comes into force and receive a writ of execution. Send the document for enforcement to the bailiffs.

Please note that in addition to cases of overdue repairs/identification of significant deficiencies, you are also required to return the money for the car if it was under repair for more than 30 days every year during the warranty period.

Important! If you first repaired the car (the fault no longer appeared after the repair), and then decided to return it, the court will refuse you, since you have already exercised your right.

See also: Car warranty by law in 2021 - what it includes and what to do if consumer rights are violated

How to return a car during its service life

If the car warranty is no longer valid, but a malfunction has been identified in the car, the first thing that should be determined is its service life:

It can be installed by the manufacturer - information is usually indicated in the service/warranty book. On average, this period is 6-7 years.
If there is no service book, the period can be determined by entering the appropriate request in any search service for the vehicle brand.
If such a period is not established by the manufacturer, it is 10 years - clause 6 of Art. 19 No. 2300-1 Law of the Russian Federation.

To return your vehicle within its service life, follow these steps:

Make sure the service life has not expired.
Have your car checked by any expert auto technician included in the state register of expert technicians. Since it is your responsibility to prove the manufacturer’s fault, provide proof that you used the car in strict accordance with the operating rules, and the breakdown occurred due to a manufacturing defect.
Submit a written request to the vehicle manufacturer (authorized organization/individual entrepreneur, importer) and demand free repairs. Repair work must be carried out by him within 20 days - clause 6 of Art. 19 No. 2300-1 Law of the Russian Federation. It is he, and not the seller, who is responsible for the quality of the car during its service life.
I recommend that you go with an expert or lawyer to check the quality of the car and for repairs. This solution will help avoid a situation where the manufacturer will try to make it look like you are the one to blame for the problems with the vehicle.
If the manufacturer refuses to repair/if the defect cannot be eliminated, prepare a claim for the return of the car to him and your money. Send it to the manufacturer/manufacturer at his legal address by mail in a valuable letter with a list of the contents.
If you receive a refusal/failure to receive a response to your claim within 10 days, prepare a claim and submit it to court.
If a positive court decision is made, wait until it comes into force and receive a writ of execution, which you send to the bailiffs for execution.

How to return a car of inadequate quality to the seller, taken on credit

One of the most popular ways to purchase a car is to purchase it using credit funds. You should know that even a car purchased on credit can be returned. This opportunity is guaranteed to citizens by current legislation.

In relation to a technically complex product, the buyer has the right to refuse to fulfill the sales contract and demand a refund in the event of a significant violation of the requirements for its quality - clause 3 of Art. 503 Civil Code of the Russian Federation, clause 1, art. 18 No. 2300-1 Law of the Russian Federation.

The algorithm for returning a credit car is almost similar to the procedure for returning a new car to a car dealership during the warranty period/service life, but has its own nuances:

If the car is returned to the dealership, the seller must independently return the loan funds to the bank. If you made a down payment with your own funds, the salon is obliged to return it to you and transfer only the loan amount to the bank. Do not forget to obtain from the seller a document confirming the termination of the contract.
If you managed to pay off part of the loan while using the car before returning it to the dealership, you should contact the bank. In addition to the amount of the repaid loan, the fee for its provision is also subject to reimbursement - clause 5 of Art. 24 No. 2300-1 Law of the Russian Federation.
After completing the payments, ask the bank for a document confirming repayment of the loan in full.

Please note that you have the right to demand from the seller a refund of the amount paid for the car, as well as a refund of the interest and other payments you paid on a consumer loan/car loan - clause 6 of Art. 24 No. 2300-1 Law of the Russian Federation.

Other payments include:

Fee for issuing/maintenance of a card when concluding and executing a consumer credit/loan agreement.
Payments in favor of third parties, if the borrower paid them in accordance with the terms of a consumer loan, etc.

Important! To avoid incurring debt, do not stop making payments on the loan, even if you are sure that the car you purchased will eventually be returned to the dealership.

See also: How to return an advance payment for a car at a car dealership if you change your mind about buying - instructions for 2021

Is it possible to return a car to the seller in practice?

So, as we have already found out, if the seller is silent about any defect of the car, then the sales contract can be terminated. But the most important thing here is proof. Namely, we need to prove that the malfunction arose before the car was handed over to the buyer. And this is quite difficult to do in most cases.

Moreover, the Civil Code of the Russian Federation in force for 2021 prescribes that the burden of proof falls on the accusatory party. This means that it is the plaintiff who must prove that this or that breakdown already occurred before the sale of the car, and not the defendant (seller) that it was the new owner who caused the defect.

If you manage to prove this, then the court will declare the purchase and sale agreement invalid and subject to termination. As a result, the seller will be obliged to return all the money to you and reimburse other expenses that you incurred as a result of your rights being violated, and you will be obliged to return the used car and everything that was transferred to you during the sale (documents and, for example, all sets of keys , spare parts, components, mats and so on).

But the most important thing here is the ability to prove that the breakdown occurred before the car was handed over. And here we have bad news for you, the buyer - to do this, according to judicial practice in 2021, is almost impossible in case of mechanical breakdowns of units, for example. But there are different types of problems:

the engine, gearbox or other mechanical components have broken down,
hidden damage to metal or plastic was discovered,
The used car was in an accident, which is why it has significant flaws.

Let's take a closer look at these subtleties.

If the failure is mechanical

Even if the seller before you operated the car with gas “to the floor”, used it very carelessly in every possible way and did not care about timely replacement of fluids, it is almost impossible to prove that the fact of the breakdown occurred before the conclusion of the contract, and even an examination in this case is unlikely to help. The courts know this, so you shouldn’t even count on ordering such a forensic examination.

But you can try to return a used car by forcing the seller to declare things that are unfavorable to him.

If he directly indicates that the malfunction arose while he was using a used car, then it will not be difficult to terminate the contract and return it in court (we are talking about non-obvious statements - for example, if the seller denies the claim itself, but begins to say that there was something knocking in the engine compartment). But this is not an obvious reason to return the car - after all, it is necessary to prove that the malfunction, as a result of which the car cannot be used, arose before the transfer to the buyer. And in this example, it will still be necessary to prove that this knock is associated, for example, with the failure of the crankshaft.
If the seller says that he himself bought a used car from the previous owner. In this case, everything will depend on the seller's testimony as to whether he knew about the defect. If he knew and hid it, then he is guilty. If you didn’t know, then the claim should already be filed against the previous owner who deceived your seller. This is stated in Article 179 of the Civil Code.

If the paintwork is faulty

In the same case, if after purchasing a car you find that the paint has begun to peel off and the putty on the car is visible, or otherwise traces of poor-quality intervention have been discovered, then the prospect of returning the used car to the seller and canceling the purchase and sale transaction is much brighter.

The fact is that the defect that arose was due to the actions of the seller himself - he repaired the car poorly. And you bought it. He can deny the fact of an accident, but it is easier to prove it with an appropriate request to the traffic police or a simple check on the official website of the department.

Likewise, an examination in this case will definitely show that the repairs were performed poorly.

If the presence of an accident is hidden

In this situation, everything depends on poor-quality repairs after the incident - that is, see the point above.

But the mere fact of an accident will not allow you to return the car. It can be restored in full after this to the form it was before the incident. And in this case, there are simply no grounds for terminating the transaction after the purchase.

If the mileage is twisted

And in this case, you can return the car with one hundred percent probability, since this is a direct misrepresentation regarding the properties of the product.

All that remains is a small matter, which... is not small at all - to prove the guilt of the seller, that the mileage was twisted by him, and not by you. And similar to a mechanical failure, if the seller states that he did not touch anything and perhaps the previous owner adjusted the odometer reading, then the previous owner will have to file a claim.

How to file a return claim and where to send it

If a breakdown is detected in the car within 15 days, file a claim (return application) in 2 copies. In the document, describe in detail the identified malfunction and state your requirements. For example, “Due to the detected deficiencies, I ask/demand that you accept the car and return the amount paid for it.”

You can find out the legal address of the salon on the website of the Federal Tax Service. To do this, enter the organization’s INN specified in the DCP into the search bar and download an extract from the Unified State Register of Legal Entities. If the showroom is a one-day shop (doubtful), send a claim to the car manufacturer (authorized organization/individual entrepreneur, importer). The address search algorithm is the same.

From the moment the seller receives the complaint, he has 10 days to consider it and prepare a response.

Important! A letter is also considered delivered if it arrived at the addressee, but was not received by him due to circumstances beyond his control - Art. 165.1 Civil Code of the Russian Federation. In this case, the delivery date may be considered the day of its return according to the information specified on the Russian Post website.

Sample claim for returning a car to a car dealership (DOC 16 KB)

○ Advice from a lawyer:

✔ After buying a car, I ran into a problem. Over the course of six months, he spent about 3 months in service centers undergoing constant repairs. Can I return the car to the dealer?

Yes, you have the right to return the car, since the inability to use it due to constant breakdowns for at least a month a year is the basis for the dealer to satisfy your requirements (Clause 1, Article 18 of Law No. 2300-1). Take from the service center documentary evidence of the repair, which will indicate the time frame for the work, and contact the seller with a corresponding application.

What to do if your return is refused

Prepare evidence of the validity of the refund.
If you cannot resolve the issue of returning the car peacefully, follow the algorithm specified in the section “How to return a car through the court” in the article Is it possible to return a used car to a car dealership within 14 days in 2021. The judicial procedure is identical and applicable when returning a new or used car.

What can you get if you return your car through the court?

When returning a car to an official dealer through legal proceedings, the buyer can expect to recover:

The amount paid for the car.
The difference between the amount paid and its new market price - clause 4 of Art. 24 No. 2300-1 Law of the Russian Federation.
Penalties in the amount of 1% of the cost of the car for each day of delay, if the funds are not returned by the seller voluntarily - clause 1 of Art. 23 No. 2300-1 Law of the Russian Federation.
A fine of 50% of the amounts collected in court.
Moral damage.
Costs for representative services/expertise/car delivery by tow truck.
Interest/commissions on the loan, as well as payment of the insurance premium under the CASCO program.

Actions to take if a car dealership refuses to accept a car

If the car dealership refuses to accept the car, citing the fact that the case does not fall under warranty or the problems are not significant, your next step is to conduct an independent examination. This may be at the dealer's expense or at your expense.

When an examination determines that the warranty case or malfunction is significant, you have the right to demand repairs or a refund from the dealer. If the car dealership ignores the expert’s conclusion, you have every right to go to court.

What does judicial practice say?

When considering cases involving the return of a car of inadequate quality, the courts are guided by the following:

If a significant defect in the car is identified after 2 years from the date of its transfer to the buyer and if the warranty period has expired by this point, a request to terminate the contract can only be submitted to the manufacturer - clause 7 of the Review dated 10.17.2018, case No. 33 -1159/2019, case No. 33-9088/2018.
If a requirement is made to eliminate a defect outside the warranty period, the buyer must prove the presence of a significant defect in the car - clause 7 of the Review dated October 17, 2018, case No. 33-7830/2018.
The buyer has the right to demand termination of the contract if defects are not eliminated by the manufacturer (authorized organization/individual entrepreneur, importer) after 20 days from the date of presentation of the request for their gratuitous elimination / proof of its irremovability - case No. 33-37876/15.
Presentation of a demand for gratuitous elimination of a defect in goods in accordance with clause 6 of Art. 19 No. 2300-1 of the Law of the Russian Federation is allowed only to the manufacturer (an authorized organization or an authorized individual entrepreneur, importer) - case No. 33-40650/2018.

Grounds for refusal

If the owner decided to return the car to the seller because he did not like the color, dimensions or shape of the car, then his claim will be denied, and legally. You can try to negotiate directly with the dealer; the policy of some car dealerships provides for the satisfaction of such client requests.

It is worth remembering that the seller has the opportunity to refuse to accept the car and keep the deposited funds. The law provides for the following legal reasons for refusal:

The buyer operated the vehicle improperly, as a result of which the vehicle developed significant deficiencies.
Emergency incidents of a man-made or natural nature that resulted in a malfunction of the vehicle. Since it is not the dealer’s fault for the defect to appear, the dealership is not obliged to accept the damaged car.
Before processing the return, repair work was carried out by third parties not affiliated with the seller.
The breakdown occurred due to the fault of the car owner.

Refusal due to failed maintenance

One of the cases of refusal to carry out warranty service, as well as the right to return the vehicle to the dealership, is often the absence of a maintenance mark.

The seller motivates this by the fact that only regular inspection of the car by an official dealer can guarantee the uninterrupted operation of complex mechanisms. This statement is logical, but the law in such a situation is on the buyer’s side.

The law does not provide for the obligation to undergo maintenance only with a direct representative of the selling company. The car owner has the right to independently choose the location for such a procedure or even do it himself. Therefore, even the absence of a maintenance mark is not a legitimate reason for refusal to accept a car or carry out warranty repair work.

Imposing such a service is a direct violation of the law: paragraph 2 of Art. 16 Z. No. 2300-1 indicates that the seller is strictly prohibited from performing such actions.

FAQ

Q: What are the grounds for returning a machine during the warranty period?

A: Almost the same as when returning a car with an expired warranty: 1) detection of any defect within 15 days from the date of its transfer; 2) identification of a significant defect; 3) violation of the deadline for eliminating defects - 45 days/refusal of warranty repairs; 4) impossibility of using it during the warranty period due to repeated repairs.

Q: Is it possible to return a car within 14 days without giving any reason by law?

A: Not possible, because in accordance with clause 10 of the List, serviceable cars cannot be returned or exchanged. Only cars with defects can be returned.

How to make a claim

A claim statement requesting a return or exchange is considered a legal document. It indicates the consumer’s attempts to resolve the problem in a pre-trial, peaceful manner. If the car dealership refuses to satisfy the claims made by the client, he will seek protection of his rights in court or Rospotrebnadzor.

The claim is made in free form, but it must contain the following information :

Name and address of the car dealership.
Applicant details – full name, contact phone number.
Indication of the time of purchase , the make of the car, its identification data (VIN number, frame number, etc.).
Specific circumstances of the problem that arose: the nature and causes of the breakdown.
The requirements for the seller are set out - to exchange or accept back faulty vehicles.
The document is dated at the end, after which it is certified by the applicant’s personal signature.

Return documents

To complete the official return procedure, you will need to provide the seller with the following list of documents :

Buyer's passport.
The purchase agreement entered into at the time of sale.
Documents confirming the purchase - receipts, bank statements, invoices.
Vehicle service book.
Expert opinion on the presence of a manufacturing defect in the car.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

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Remember

Legal relations between the seller and the buyer when purchasing a car are regulated by the Law of the Russian Federation “On the Protection of Consumer Rights”.
If the buyer makes demands to return the car within 15 days from the date of its transfer, the basis for this may be any defects that were not reported by the seller.
If defects arose during the warranty period/service life, a return is possible if a significant defect is detected.
Return period: 1) during the warranty period, and if it is not established - within a reasonable period, but not more than 2 years; 2) during the service life, and in case of its absence - for 10 years.

Have any of your friends had to return their car to the dealership? How was the issue resolved?

What to do if you are denied acceptance of a vehicle?

In this case, you must conduct an independent examination at your own expense and go to court. The statement of claim indicates all the circumstances of the case, substantiates the reasons for demanding a refund for the car or demanding its exchange for another. In addition, it is necessary to indicate a complete list of defects and problems identified by the examination.

Attached to the application:

copy of the policy;
independent expert opinions;
receipt of letter sent to dealer;
written refusal from the dealer.

State duty amount:

with a claim price of 200,001-1,000,000 it is equal to 5,200 rubles + 1% of the amount exceeding 200 thousand;
if the value of the claim is more than 1 million, the state duty for the statement of claim is 13,200 + 0.5% of the amount exceeding 1 million.

According to Article 154 of the Code of Civil Procedure of the Russian Federation, civil cases must be considered within 2 months from the date of filing the claim. According to the Code of Administrative Offenses (Article 31.1), the court order must be implemented within 10 days.

Returning a car to the dealership is a long and difficult process . But if you approach it wisely, you can always win the case, since the courts largely show loyalty to buyers of low-quality cars.