How to return a defective car back to the dealer?

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• Email

To the head of LLC "________________________"

OGRN – __________, TIN – ______________

address:

from _____________________________________

residing at:

Claim for car return

__ __________ 20_ year, under the contract for the purchase and sale of a vehicle with the condition of payment by installments dated __ __________ 20_ year No. __________ (hereinafter referred to as the “Agreement”), I purchased from LLC “____________________” a car brand ____________, engine No. _______________, body No. ___________, Identification number (VIN) No. _______________, vehicle passport series __ ___ No. ___________, body color – _________, year 20__ (hereinafter referred to as the “Car”).

In accordance with clause 1.3. The contract price of the Car is ___________ (____________ thousand ________________) US dollars, which is equivalent to _____________ (_________ million _________________ thousand _________) rubles __ kopecks.

Based on the Transfer and Acceptance Certificate dated __ _________ 20__, LLC “_____________________” transferred ownership of the above-mentioned Car to me.

In accordance with the terms of the Agreement, as well as the technical documentation for the Car transferred to me, the warranty period for the Car is 2 (two) years from the date of transfer, without mileage limitation. At the same time, the Seller (LLC "__________________") guaranteed that the car transferred to me is technically sound and has no manufacturing defects.

The terms of this Agreement have been fulfilled in full.

In this case, the agreement complies with the requirements of Art. 454 of the Civil Code of the Russian Federation, by virtue of which, under a purchase and sale agreement, one party (seller) undertakes to transfer the thing (product) into ownership of the other party (buyer), and the buyer undertakes to accept this product and pay a certain amount of money (price) for it.

In accordance with Art. 469 of the Civil Code of the Russian Federation, the seller is obliged to transfer to the buyer goods, the quality of which corresponds to the purchase and sale agreement.

If there are no conditions in the sales contract regarding the quality of the goods, the seller is obliged to transfer to the buyer goods suitable for the purposes for which goods of this kind are usually used.

If the law or the procedure established by it provides for mandatory requirements for the quality of the goods being sold, then the seller carrying out entrepreneurial activities is obliged to transfer to the buyer goods that meet these mandatory requirements.

However, during the operation of the vehicle, I identified a number of malfunctions, namely:

• ____________________________,
• ____________________________,
• ____________________________.

I have repeatedly contacted the service center with a request to fix the malfunctions, but a number of malfunctions have not been resolved to date.

Currently, the Car is in a technically faulty condition, namely it does not work ___________________________________, which excludes the possibility of its operation.

The service center refuses to repair my Car under warranty for unclear reasons.

I believe that the quality of the Car does not correspond to the purchase and sale agreement.

According to Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the seller is obliged to sell to the consumer a product that meets the quality requirements of the mandatory standards, the terms of the contract usually presented, as well as information about the goods.

In accordance with Art. 18 of the mentioned Law, the consumer, in the event of detection of defects in the product, if they were not specified by the seller, at his choice has the right, including:

• refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the defective product.

In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are compensated within the time limits established by this Law to satisfy the relevant consumer requirements.

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 law for eliminating product defects;
• the impossibility of using the product during each year of the warranty period in total for more than thirty days due to repeated elimination of its various deficiencies.

I believe that due to the inadequate quality of the produced Car, I am deprived of the opportunity to use the vehicle due to repeated elimination of its various significant deficiencies, violation of the deadlines established by law for eliminating defects in the product, the impossibility of using the product during each year of the warranty period in total for more than thirty days due to repeated eliminating its various shortcomings, as well as not eliminating some of the above significant shortcomings to date.

Thus, since I was sold a Car of inadequate quality, in accordance with the norms of current legislation, I have the right to demand termination of the sales contract, return of the car to the seller, and to me the money in full, as well as full compensation for losses caused to me as a result of sales of goods of inadequate quality.

By the time of filing this claim, I have suffered the following losses:

• _____________________________,
• _____________________________,
• _____________________________,
• _____________________________.

On the basis of the above,-

I REVIEW:

1. Terminate the contract for the purchase and sale of a vehicle with the condition of installment payment dated __ _________ 20__ No. _____ concluded between LLC "______________" and me (______________), namely a car brand ______________, engine No. _____________, body No. __________________, Identification number (VIN) No. _____________, vehicle passport series __ __ No. ___________, body color – ________, year 20__.
2. Return to me the funds contributed towards the cost of the goods in the amount of___________ (_________ million ________________ thousand ___________) rubles __ kopecks.
3. Return to me the funds contributed to pay the insurance premium under CASCO policy No. ____________ in the amount of __________ (________ thousand _____________) rubles __ kopecks.
4. Return to me the funds contributed to pay the insurance premium under OSAGO policy No. _____________ in the amount of _______ (______ thousand _____________) rubles __ kopecks.
5. Return to me the funds contributed to pay the fee for preparing documentation under the Agreement in the amount of ______ (______ thousand) rubles.
6. Return to me the funds deposited to pay the fee for maintaining an account under the “installment payment” program in the amount of _______ (________ thousand) rubles.
7. Refund to me the money spent on the purchase of winter tires in the amount of ________ (____________ thousand ____________) rubles.
8. Refund to me the money spent on scheduled and unscheduled maintenance of the Car in the amount of __________ (_____________ thousand _______________) rubles.
9. In case of delay in compensating me for losses, I also ask you to pay me a penalty (penalty) at the rate of one percent of the total amount payable to me for each day of delay, starting from the 11th (eleventh) day after receipt of the claim until the day of actual payment of funds.
10. Compensate for legal fees in the amount of _______ (__________ thousand _______________) rubles.

I draw your attention to the fact that in case of refusal to satisfy my demands voluntarily, I will be forced to file a claim in court to protect my rights and legitimate interests, in this case, in addition to the return of the cost of the goods, I will demand the recovery of legal costs (penalties , costs of paying a lawyer and compensation for moral damage), as well as in accordance with paragraph 6 of Art. 14 of the Law of the Russian Federation “On the Protection of Consumer Rights” a fine in the amount of 50% of the amount awarded by the court in favor of the consumer for failure to comply with the voluntary procedure for satisfying consumer rights, which will be additional costs for you.

Please send a written response to the complaint to me at:

________________within 10 (ten) calendar days from the date of receipt of this claim. Contact number: _______________________.

Sincerely,

________________ /___________// __ _________ 20_ years.

Download the document “Claim for car return”

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.

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What rights does the law give the consumer?

Returning a faulty car to the seller is only one option for developing a consumer dispute. In fact, the law gives customers of car dealerships other, less radical options for resolving conflicts.

Among them:

1. Exchange of a faulty car for a similar but high-quality model.
2. Replacing it with a car of a different model/brand with subsequent recalculation of the cost.
3. A reduction in the purchase price corresponding to the severity of the defect.
4. Request from the seller to eliminate the defect free of charge.
5. Assigning the costs of repairs to a third-party service to him.

If a defect is identified in the purchased machine, the consumer has the right to include any of these requirements in the claim. However, the most popular option is return - few people want to deal with a car that broke down immediately after purchase. But in addition to rights, relevant legislation also imposes some restrictions on consumers, so it is not always possible to return the iron horse to the stall. Next we will talk in detail about the nuances of this procedure.

Documents found on the topic “car return 2018”

1. Sample. Application for refund of state duty Statements of claim, complaints, petitions, claims → Sample.
   Application for the return of the state duty ... region (region, republic) from (full name of the applicant or name of the organization, address) application for the return of the state duty in connection with (indicate the reasons the return the state duty) I ask you to consider the issue of returning the ruble to me. sir...
2. Receipt for return money. Form No. 8-g
   Accounting and financial documents → Receipt for refund. Form No. 8-g

   ...in the Russian Federation dated December 13, 1993 no. 121 form no. 8th hotel room receipt no. to return money to account no. gr. , (last name, first name, patronymic) who lived on (date, hours) (date, hours) returned...

3. Form (sample) of receipt (in return loan)
   Money loan agreement → Form (sample) of receipt (for loan repayment)

   form (sample) of receipt (for repayment ) "" 20 I, (full name of the lender) received from (full name of the borrower) the amount of rubles (amount in words) previously given to...

4. Claim for return car
   Statements of claim, complaints, petitions, claims → Claim for return of a car

   ...to the driver of LLC "" ogrn - , inn - address: from a resident at the address: claim for the return a car of the year 20 I under a contract for the sale and purchase of a vehicle with the condition of payment in installments from the year 20 No. (hereinafter &nd...

5. Who return defective goods
   Enterprise records → Certificate of return of defective goods

   Act No. dated "" 20 about the return of defective goods 1. name of the organization 2. full name of the authorized person 3. delivery note and invoice number...

6. Statement of claim for return contribution and consumer protection
   Statements of claim, complaints, petitions, claims → Statement of claim for return of deposit and protection of consumer rights

   ...defendant: (name, address) price of claim: rub. moral damage: rub. a statement of claim for the return of the deposit and the protection of consumer rights; a bank deposit agreement was concluded between me and the defendant dated “”20...

7. Sample. Claim for payment of late fine return (non-return) containers
   Statements of claim, complaints, petitions, claims → Sample. Claim for payment of a fine for late return (non-return) of packaging

   no. to: date address: claim for payment of a fine for late return (non-return) of packaging amount rub. according to account no. from "" 20 was shipped to you in . (name of product, product) (on…

8. Claim about return advance payment for goods
   Statements of claim, complaints, petitions, claims → Claim for the return of advance payment for goods

   ... did not comply with the transfer of goods. in accordance with Art. 23.1 of the law “on the protection of consumer rights” I demand: 1) return of the amount of advance payment for goods in the amount of rubles. cop.; 2) payment for each day of delay of a penalty (penalty) in the amount of half...

9. Act return apartments to the rental agreement
   Residential lease agreement → Certificate of return of the apartment to the rental agreement

   act of returning the apartment to the rental agreement No. dated ""20. "" 20, hereinafter referred to as the lessor, with one ...

10. Act return to the apartment rental agreement
    Residential rental agreement → Certificate of return to the apartment rental agreement

    ... No. to the rental agreement for apartment No. (), located at the address: no., bldg. , from "" 20g. return act , and the landlord accepts the apartment with the following indicators: electric meter readings...

11. Claim with demand return funds improperly withheld
    Statements of claim, complaints, petitions, claims → Claim demanding the return of funds unlawfully withheld

    … so far. on the basis of Art. 463 of the Civil Code of the Russian Federation, in the above case, I have the right to refuse the purchase and sale agreement and demand the return of funds paid under it. in accordance with clause 35 of the rules for the sale of goods by sample, if the seller refuses to transfer the goods...

12. Claim requesting return amount of money for a low-quality phone
    Statements of claim, complaints, petitions, claims → Claim demanding the return of a sum of money for a low-quality phone

    ...the product complies with the state regulations, without any defects, and the seller guaranteed the quality. 05/24/2012 I filled out an application for a refund and termination of the purchase and sale agreement. the phone was accepted by the seller. within 10 days the demand was not satisfied...

13. Who return inventory items deposited (Unified Form N MX-3)
    Enterprise records management documents → Certificate of return of inventory items deposited for storage (Unified Form N MX-3)

    the document “Act on the return of inventory items deposited for storage (unified form n MX-3)” in excel format by…

14. Claim for the return of a phone of good quality, purchased remotely in an online store
    Statements of claim, complaints, petitions, claims → Claim for the return of a phone of good quality, purchased remotely in an online store
15. Sample. Issue record sheet ( return) workwear, safety shoes and safety devices. Form No. MB-7
    Accounting statements, accounting → Sample. Record sheet for the issuance (return) of workwear, safety footwear and safety equipment. Form No. MB-7

    ...approved by the resolution of the State Statistics Committee of the USSR dated December 28, 1989 no. 241 +-+ Okud code +-+ record sheet for issuance ( return ) of work clothes, safety footwear and safety equipment +-+ month number, code of type workshop, department, document year of operation...

Carrying out an examination

The examination must be carried out independently - then you will have to pay for it out of your own pocket, or request it when writing an application. There is a special service for this in the salon.

However, you should be prepared for the fact that the results of such a check may not be very objective. Moreover, if no technical problems are identified, the seller may oblige the buyer to pay for an examination.

What to do if you are denied warranty repairs? Find out by following the link.

If the dealer refuses to conduct an examination, the refusal must be received in writing. This is rarely possible, so you should make a video or audio of the refusal, this can help when going to court.

Seller inaction

In the best case scenario, the dealer will respond to the complaint received, but often they simply ignore the problem, leaving the buyer confused. But the situation can be resolved even in this case if you act in accordance with the law.

According to the law, the seller is obliged to satisfy a written application within the following deadlines, depending on the requirements put forward:

• refund for a low-quality car – 10 days;
• vehicle replacement – ​​20 days;
• warranty repairs – 45 days.

Sample claim for a defective car.

Inaction is grounds for going to court.

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How and where it is served

The claim is submitted to the car dealership itself, to the customer service center or to the manager personally. You can submit it in two ways: by mail or personally in the hands of one of the above officials.
Oral statements do not have proper legal force and cannot be used as evidence in court, even if they are recorded (for example, recorded on a tape recorder)

Some car dealerships offer customers the opportunity to leave online requests. Their legal force is equal to claims written on paper, but only if the salon itself provides for this form of communication with the client.

Legislation cannot oblige them to accept complaints via the Internet.