How they deceive in car services: procedure in case of poor quality or long repairs

According to the consumer protection law, the buyer can return the money for a low-quality car, and even receive a large amount of compensation.

In this article we will tell two stories from judicial practice. In one of them, the buyer was able to prove he was right and return the money, but in the other, he was not. We will explain why this happened and tell you under what conditions you can get a refund from the car dealership.

• Story 1: how a resident of Krasnodar bought a car for 847 thousand, but was sued for 2.2 million
• Story 2: how a car owner lost the right to return the purchased car to the dealer
• When can you get a refund from a car dealership for a low-quality car?

What information should a car service provide?

Before taking the car in for repair, the car service center is obligated to:

• Tell in detail about the work that is planned.
• A certificate of conformity must be provided for certified work.
• Name the correct prices for services and spare parts if they are purchased at a car service center.
• State the terms of work, as well as the warranty period for them and the spare parts that are used.
• Introduce a specific contractor who performs the work.

What warranty nuances do car dealerships usually “forget” to tell the buyer?

It is beneficial for the dealer not to inform the consumer about the details of the warranty service.
In pursuit of savings, the showrooms, when completing a sales transaction, do not convey to the buyers important nuances regarding the warranty service of the car. You should know this:

• The warranty period begins to run not from the moment the contract is signed (exception - if this is expressly provided for in the contract), but from the date of transfer of the car to the owner.
• If the car is placed for repairs, the warranty period is suspended and renewed when the vehicle is returned to the owner in good condition.
• When replacing under warranty parts/assemblies specified in clause 3.15 of Regulations RD 37.009.025-92, the warranty period for them is established at least 12 months/20 thousand km from the date of their installation.
• Repair of a car malfunction must be carried out within a reasonable time. If the service provides a work time that does not correspond to the repair of the breakdown, you have the right to demand a penalty.
• If the car is not running, the seller is obliged to provide a free tow truck or compensate the buyer for transportation costs.

Important! The expiration of the warranty period is not an obstacle to filing a claim with the manufacturer if a significant defect is discovered during the service life of the vehicle.

Car warranty repair: consumer rights

The Law “On the Protection of Consumer Rights” states that the manufacturer must ensure proper operation of the car throughout the entire warranty period. The warranty period for car repairs is specified in the contract, which is drawn up upon purchase. The service book indicates what exactly needs to be repaired in the event of a malfunction during the warranty period.

Important!

Consumable parts and materials are not included in the warranty list. These include various fluids, filters, spark plugs, fuses, brake pads, light bulbs.

I’ll tell you the story of buying a new car at a car dealership in Moscow. My client decided to buy a new Renault Sandero car. I saved up money for a down payment and began looking for good deals and advertisements on the Internet. So he came across the website of one of the Moscow car dealerships, where he decided to go. Before leaving, he checked whether this car was available in the basic configuration, he was assured that the car was available and could be purchased at a price of 307,000 rubles. At that time, this was the best offer, since the official dealer had a long queue for this car. Upon arrival at the Moscow car dealership, he was shown a car from the catalog and selected equipment. In a conversation with the manager of the car dealership, we agreed on the final price of the car, taking into account additional equipment, in the amount of 350,000 rubles. and the payment procedure, namely that the buyer will make an initial payment in the amount of 240,000 rubles, and the balance of 110,000 rubles. will issue a loan. The seller was satisfied with this option, he asked the buyer to pay the down payment amount to the cashier and began to fill out an application for a loan. Without a purchase and sale agreement and loan approval in hand, the buyer, having given his money, made a fatal mistake and fell for the trick of the scammers. The seller, under the condition of not returning the down payment amount of 240,000 rubles. and non-delivery of the car, imposed on the buyer new enslaving terms of the contract, according to which the price of the car was increased to 770,000 rubles, and the loan amount to 350,000 rubles, plus payment of CASCO and life insurance from the loan, in the amount of about 100,000 rubles. As a result, the buyer, finding himself without money and without a car in a foreign city, was forced to sign documents and returned with the “desired” car to Cheboksary.

Immediately after arrival, the buyer contacted a lawyer and told about what had happened. Having studied the documents, a professional lawyer advised the buyer to immediately contact the bank and declare termination of the loan agreement, since it was concluded by deception and on unfavorable terms. Considering that the bank did not have time to transfer the money to the seller’s account (the transfer takes up to 3 days), as well as the dubious terms of the transaction, the bank terminated the loan agreement. The buyer also sent a claim to the seller demanding termination of the contract and return of the amount paid. The seller, in turn, went to court with a demand to collect the debt amount of 350,000 rubles. under a purchase and sale agreement for a car.

The lawyer prepared a counterclaim for termination of the contract, citing a violation of Art. 10 of the Law “On the Protection of Consumer Rights of the Russian Federation”, on the provision of incomplete and unreliable information about the product, and violation of Art. 10 of the Civil Code of the Russian Federation on abuse of right.

Thanks to timely and competent actions, the lawyer and the buyer managed to prove their case in court. In the final decision, the court satisfied the buyer’s request and recovered from the seller the amount of the down payment of 240,000 rubles. a penalty for failure to comply with the buyer’s legal requirements in the amount of 120,000 rubles, moral damages in the amount of 40,000 rubles, a fine in the amount of 200,000 rubles. for refusing to voluntarily satisfy the buyer's demands. The buyer remained with the car until the court decision was fully executed.

To summarize, I would like to draw your attention to the fact that when purchasing a car or other valuable product:

1. Do not rush to pay without drawing up an agreement.

2. Carefully study the terms of the contract and especially those written in small print. They hide additional unfavorable conditions for the buyer.

3. If you feel deceived, do not hesitate, be sure to consult a professional lawyer in the field of consumer protection, this will help you save money and health.

4. In case of fraud, do not delay in contacting the supervisory authorities Rospotrebnadzor, the prosecutor's office, or the police, otherwise this appeal will not be effective.

Lawyer Nikolaev A.G. CA "On consideration by courts of civil cases in disputes regarding the protection of consumer rights."

The court refuses to satisfy the counterclaim filed against <data taken> on the following grounds.

No one disputes the sale of the car by the seller <data taken>. The buyer did not provide the court with evidence of the existing relationship with <data taken>, except for depositing money into the cash desk of <data taken>, an advance payment of 240,000.00 rubles, as well as a commission order <data taken> for No. <data taken>, authorizing < “data seized> make a transaction on your own behalf and at the expense of the principal with the buyer of the disputed car with the return of 310,000.00 rubles to the principal.

In accordance with Article 990 of the Civil Code of the Russian Federation, under a commission agreement, one party (the commission agent) undertakes, on behalf of the other party (the principal), for a fee, to carry out one or more transactions on its own behalf, but at the expense of the principal.

Under a transaction made by a commission agent with a third party, the commission agent acquires rights and becomes obligated, even if the principal was named in the transaction or entered into direct relations with the third party for the execution of the transaction.

Based on the above, the court denies the counterclaim <data withdrawn>, filed against <data withdrawn>.

Satisfaction of the counterclaim with amendments entails the refusal to satisfy the initial claim <data withdrawn> for the recovery from <data withdrawn> of money with interest for the use of someone else's money, and the court refuses to satisfy the original claim.

An independent basis for refusal to satisfy the initial claim is the requirement of <data taken> to collect from <data taken> the debt under the sale and purchase agreement No. <data taken>, while the buyer presented the purchase and sale agreement No. >, concluded between <data withdrawn> and <data withdrawn>.

The parties have not presented anything else to the court; the court resolves the dispute on the basis of those presented in accordance with Article 56 of the Code of Civil Procedure of the Russian Federation.

In accordance with Article 98 of the Code of Civil Procedure of the Russian Federation, legal costs are subject to reimbursement in favor of the party and the local budget in proportion to the amount of claims satisfied by the court.

Based on the above, guided by Articles 194-198 of the Code of Civil Procedure of the Russian Federation,

decided:

refuse to satisfy the claim of <data taken> for the recovery from <data taken> of the debt under the purchase and sale agreement No. xxxxx from <data taken> RUB 350,000.00. and interest for the use of other people's funds RUB 28,000.00.

Terminate the purchase and sale agreement No. xxxxx dated <data taken> concluded between <data taken>, <data taken>, Renault Sandero car, 2011, color black, cost 770,000.00 rubles.

To recover from <data taken>:

- in favor of <data taken> the amount paid was 240,000.00 rubles, a penalty for the period from <data taken> to <data taken> 120,000.00 rubles, refusing to satisfy the claim for recovery of the penalty in the remaining part, compensation for moral damage in the amount of 40,000.00 rubles, a fine of 200,000.00 rubles, refusing to satisfy the claim for the recovery of the penalty in the remaining part, for recovery from the limited liability company <data taken>.

— in favor of the local budget 7000.00 rubles.

The decision can be appealed on appeal to the Supreme Court of the Chuvash Republic through the Moskovsky District Court of Cheboksary one month from the date of its production.

Presiding judge
APPEAL DECISION
<data taken> of the year Cheboksary

Judicial Collegium for Civil Cases of the Supreme Court of the Chuvash Republic, consisting of

presiding judge Lysenin N.P.,

judges Dimitrieva L.V., Komissarova L.K.,

with the secretary of the court session Nevodova E.A.,

having considered in open court on the premises of the Supreme Court of the Chuvash Republic an appeal <data taken> against the decision of the Moskovsky District Court of Cheboksary Chechnya <data taken> in a civil case in a claim <data taken> to <data taken> for recovery debt and interest for the use of other people's funds, counterclaim <data taken> to <data taken> and <data taken> for the protection of consumer rights, termination of the sales contract and return of the amount paid, fine, penalty, legal expenses,

installed:

<data withdrawn> filed a lawsuit against <data withdrawn> to collect debt and interest for the use of other people's money, and legal expenses. The claim is motivated by the fact that on February 12, 2012, between <data withdrawn> and <data withdrawn> a purchase and sale agreement No. of a car brand was concluded, under which <data withdrawn> sold and <data withdrawn> bought a vehicle brand, identification number (VIN): No., year of manufacture: 2011, body color black, cost “0” rub. From the terms of the agreement it follows that <data taken> on the day of its signing he transferred “0” rubles, and the rest “0” rubles. pledged to pay using the targeted loan within three days. <data withdrawn> fulfilled its contractual obligations by transferring the car <data withdrawn> according to the vehicle acceptance certificate from <data withdrawn>. In violation of the terms of the agreement, <data taken> terminated the targeted lending agreement and did not pay the remaining debt in the amount of “0” rubles. The law does not provide for unilateral refusal to fulfill obligations. With a unilateral refusal to fulfill the agreement, <data taken> unlawfully withheld and owned money in the amount of “0” rubles, and therefore interest is subject to accrual on them in accordance with Art. 395 of the Civil Code of the Russian Federation at a refinancing rate of “0” rubles. Based on the above, <data withdrawn> asked to recover from <data withdrawn> the debt in the amount of “0” rubles. under agreement No. <data withdrawn> from <data withdrawn>, interest for the use of other people's funds due to their unlawful retention is “0” rubles.

"Data seized" filed a counterclaim with subsequent amendments to "Data seized" and "Data seized" on the protection of consumer rights, declaring the transaction invalid and returning the amount paid, fines, and penalties. The claims are motivated by the fact that <data taken> in a car dealership <data taken> he chose to buy a car make, (VIN) No., year of manufacture 2011, black, according to the exhibition model in the “...” configuration, equipped with a hydraulic booster steering wheel, power windows for all windows, with a final price of “0” rub. After reaching an agreement to purchase a car worth “0” rub. he made an advance payment of “0” rubles. to the defendant's cash desk <data withdrawn> according to cash receipt order No. 42 on February 12, 2012, and agreed to issue the balance of “0” rubles on credit through <data withdrawn>. After making an advance payment to the seller's cash desk, <data withdrawn>, acting on behalf of <data withdrawn> on the basis of a commission agreement, an agreement was drawn up reflecting the cost of the car “0” rubles. In response to his disagreement about the cost of the car, the seller refused to return the money paid in full with reference to the agreement sheet, according to which, if the buyer refuses the car, the seller withholds “0”% of the money from the cost under the purchase and sale agreement, as well as “0”% of the previously paid funds (advance payment, down payment, deposit), and refused to provide the car. He was forced to sign a car purchase and sale agreement, enter into a loan agreement and pick up the provided car. Upon arrival home, he immediately wrote a statement to <data taken> to terminate the loan agreement. By letter dated February 14, 2012, he refused the car due to the discrepancy between the cost and its actual price. In addition, the car was in the basic “…” configuration and, apart from the alarm system, did not have any additional equipment, including power steering or power windows. The car is not registered with the traffic police and <data taken> is not used. Based on the above, <data taken>, taking into account the changes dated May 23, 2013, he finally asked to terminate the contract for the sale and purchase of a car make, (VIN) No., year of manufacture 2011, black, worth “0” rubles, to recover the down payment “ 0" rub., the amount of the penalty for failure to satisfy his demands for the return of money with termination of the contract for the period from February 1, 2012 to May 23, 2013. "0" rub., to collect a fine jointly and severally from <data taken>, < “data confiscated” in the amount of 50% of the claims satisfied by the court, compensation for moral damages for violation of consumer rights “0” rubles.

By the decision of the Moskovsky District Court of Cheboksary of the Chechen Republic dated June 24, 2013, it was decided:

Refuse to satisfy the claim of <data taken> for the collection of debt from <data taken> under the sales contract No. dated <data taken> “0” rub. and interest for the use of other people's funds “0” rub.

Terminate the purchase and sale agreement No. dated February 12, 2012, concluded between <data taken>, <data taken>, car make. 2011 release, color black, cost “0” rub.

To recover from <data taken>:

— in favor of <data withdrawn> the amount paid “0” rub., penalty for the period from March 1, 2012 to May 23, 2013 “0” rub., refused

in satisfying the claim for the recovery of a penalty in the remaining part, compensation

moral damage “0” rub., fine “0” rub., refusal to satisfy

claim for the recovery of a penalty in the remaining part, for recovery from <data taken>.

— in favor of the local budget “0” rub.

An appeal has been filed against the said court decision <data taken>, which raises the question of canceling the court decision with reference to the unfoundedness of the court's conclusions.

At the hearing of the appellate court <data withdrawn> and his representative <data withdrawn> objected to the satisfaction of the appeal.

Having studied the case materials, discussed the arguments of the appeal, and checked the decision in accordance with Part 1 of Article 327.1 of the Code of Civil Procedure of the Russian Federation within the limits of the arguments of the complaint, objections to the complaint, the judicial panel comes to the following.

By virtue of Article 421 of the Civil Code of the Russian Federation, citizens and legal entities are free to enter into an agreement. The terms of the contract are determined at the discretion of the parties, except in cases where the content of the relevant condition is prescribed by law or other legal acts (Article 422).

According to Art. 424 of the Civil Code of the Russian Federation, the execution of the contract is paid at the price established by agreement of the parties.

In cases provided for by law, prices (tariffs, rates, rates, etc.) established or regulated by authorized state bodies and (or) local government bodies are applied.

Changing the price after the conclusion of the contract is permitted in cases and under the conditions provided for by the contract, the law or in the manner prescribed by law.

Article 495 of the Civil Code, as well as Art. 10 of the Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the Protection of Consumer Rights” provides for the procedure for providing the buyer with information about the product, as well as the consequences of its failure to provide it.

From the provisions of Art. 495 of the Civil Code of the Russian Federation it follows that the seller is obliged to provide the buyer with the necessary and reliable information about the product offered for sale, corresponding to the requirements established by law, other legal acts and the requirements usually imposed in retail trade for the content and methods of providing such information.

The buyer has the right, before concluding a retail purchase and sale agreement, to inspect the goods, demand that the properties be checked in his presence or a demonstration of the use of the goods, unless this is excluded due to the nature of the goods and does not contradict the rules adopted in retail trade.

If the buyer is not given the opportunity to immediately obtain at the point of sale information about the product specified in paragraphs 1 and 2 of this article, he has the right to demand from the seller compensation for losses caused by unjustified avoidance of concluding a retail sales contract (paragraph 4 of Article 445), and if the contract is concluded, refuse to fulfill the contract within a reasonable time, demand the return of the amount paid for the goods and compensation for other losses.

The seller, who did not provide the buyer with the opportunity to obtain relevant information about the product, is also responsible for defects in the product that arose after its transfer to the buyer, in respect of which the buyer proves that they arose due to his lack of such information.

Thus, within the meaning of Articles 420, 421, 424 and 495 of the Civil Code of the Russian Federation, Art. 10 of the Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the Protection of Consumer Rights”, the execution of the contract is carried out at the price agreed upon by the parties when concluding the contract, unless a different price is prescribed by law or other legal acts. At the same time, failure to provide information about the product as a legal consequence implies the possibility of the buyer refusing to fulfill the contract, as well as the seller’s responsibility for defects in the product that arose as a result of the buyer’s lack of appropriate information about the product.

The court found that <data confiscated> <data confiscated> and <data confiscated> a purchase and sale agreement No. of a car brand was concluded, under the terms of which <data confiscated> sold and <data confiscated> purchased a vehicle brand , identification number (VIN): No., year of manufacture: 2011, body color black, the cost of the car in the contract is set at “0” rubles.

Fulfillment of <data taken> contractual obligations with the transfer of the car <data taken> is confirmed by the act of acceptance and transfer of the car from <data taken>, according to which the buyer claims to the operation of the car, additional equipment, to the work of the car dealership staff and credit specialist, to the cost does not have a car or additional equipment.

As can be seen from the case materials, partial fulfillment by the buyer of contractual obligations is confirmed by making an advance payment in the amount of “0” rubles. to the cash desk <data withdrawn> according to cash receipt order No. <data withdrawn>.

At the same time, the signed <data withdrawn> loan agreement No. <data withdrawn> with <data withdrawn> for the amount of “0” rubles. due to the refusal of <data taken> to receive a loan until the Bank transferred funds by the parties, it was cancelled.

From the explanations of the buyer <data taken> and the witness <data taken> it follows that an agreement was reached at the car dealership to purchase the car for “0” rubles. with additionally installed equipment: power steering and electric windows, however, the contract included other conditions with which he did not agree, the price of the car was set significantly more than previously offered by the seller.

The arguments <data withdrawn> are confirmed by information from the seller’s website for <data withdrawn>, where the cost of the car brand is indicated from “0” rubles.

Due to the discrepancy between the actual cost of the purchased car and its actual price, as well as the discrepancy between the equipment of the purchased car, the next day <data taken> turned to <data taken> with an application to terminate the loan agreement, and a letter from <data taken> sent to <data taken> refused the contract of purchase and sale of the car.

When concluding a purchase and sale agreement, the legislator is imperatively required to stipulate in the contract the terms of pricing with a breakdown of the equipment additionally installed as agreed by the parties (Article 4 of the Law of February 7, 1992 No. 2300-1, 456, 469 PS of the Russian Federation). If the terms of the contract deviate from the mandatory norms, the consequences provided for in Article 168 of the Civil Code of the Russian Federation occur, i.e. the corresponding condition or the contract as a whole is declared invalid, or those provided for in Article 450 of the Civil Code of the Russian Federation, when a party has the right to demand termination of the contract in the event of a significant violation by the other party.

Based on the foregoing, the court of first instance came to the correct conclusion that the seller’s violation of the law’s requirements to include in the terms of the contract information about the product, installed additional equipment, and pricing principles when concluding an agreement with the buyer led to abuse of law, which is unacceptable due to requirements interconnected by Article 10, 421, 451, 475, 495 of the Civil Code of the Russian Federation, Art. 4, 9 of the Law of February 7, 1992 No. 2300-1.

These violations of the law on the part of the seller entailed a significant violation of the contract, putting the buyer at a disadvantage (at the price of the car in the “...” configuration with the additional installation of power steering, power windows for all windows, costing “0” rubles), he was sold the car at the cheapest price basic configuration "..." without installation of additional equipment), which entails termination of the disputed contract in compliance with the norms of the Law of the Russian Federation "On the Protection of Consumer Rights" dated February 7, 1992 No. 2300-1.

It also follows from the case materials that <data taken> the established Art. 452 of the Civil Code of the Russian Federation, the procedure for terminating the contract, he contacted <data taken> with a demand for terminating the contract, sent a draft agreement on terminating the contract. From the correspondence in the case between <data withdrawn> and <data withdrawn> it follows that <data withdrawn> expressed consent to terminate the contract, thereby recognizing the validity of this requirement of <data withdrawn>, however, a written agreement on termination of the contract by the parties was not signed, the paid funds <data confiscated> were not returned, which led to the appeal of <data confiscated> to the court.

Taking into account the above circumstances, the court of first instance made the correct conclusion about satisfying the requirements of <data taken> for termination of the contract of purchase and sale of a car make, 2011, worth “0” rubles, concluded with <data taken> and recovery from <data withdrawn> “0” rubles contributed by the buyer to the cash desk <data withdrawn> as an advance payment for a car, a penalty in relation to Part 1 of Article 23 of the Law of the Russian Federation “On the Protection of Consumer Rights”, compensation for moral damage, a fine in accordance with clause 6 art. 13 of the Law of the Russian Federation of February 7, 1992 No. 2300-1 and, accordingly, on the refusal <data taken> to satisfy the stated requirements.

The panel of judges considers it necessary to agree with the conclusions of the trial court.

Challenging the court's decision, the representative of <data withdrawn> argues in the appeal that the examined data from the website <data withdrawn> does not prove circumstances relevant to the case, since the specified information was posted by the car dealership “name”, which does not have relationship to <data taken>. Consequently, this information cannot be accepted by the court as appropriate evidence in the case.

Meanwhile, the specified evidence <data withdrawn> was presented in support of his argument about the discrepancy between the price of the car specified in the purchase and sale agreement concluded with him and the offer price of similar cars. The above arguments of the appeal do not refute the court's findings that the seller violated the requirements of the law to provide the buyer with information about the product, about the installed additional equipment, about the principles of pricing when concluding a purchase and sale agreement, and therefore there are no grounds for canceling the decision made in the case.

Arguments of the complaint that <data taken> voluntarily signed the purchase and sale agreement, having completed the necessary actions to pay the price of the car stipulated by the contract, accepted the goods according to the acceptance certificate without complaints regarding its configuration and about the erroneous opinion of the court that the seller had changed the price of the goods and the non-compliance of the previously offered car with the terms of the contract, cannot be taken into account as a basis for canceling the court decision, since they were cited <data taken> in the court of first instance and were reasonably refuted by the court, the court’s conclusions are sufficiently fully motivated, one cannot agree with them The judicial panel has no grounds.

The arguments of the appeal are similar to the arguments that were given by the representative <data taken> during the trial of the case in the court of first instance; in fact, they are aimed at reassessing the conclusions made by the court of first instance; they do not contain facts that would not have been verified and taken into account by the court of first instance when consideration of the case and would have legal significance for the adoption of a judicial act on the merits, would influence the validity and legality of the judicial act, or would refute the conclusions of the court of first instance, and therefore are recognized by the judicial panel as untenable and cannot serve as a basis for canceling the contested decision.

Under such circumstances, the judicial panel finds that the court made a lawful and justified decision, and the judicial panel does not have the grounds provided for in Article 330 of the Code of Civil Procedure of the Russian Federation to cancel or change the court decision based on the arguments of the appeal.

Based on the above, guided by Art. Art. 199, 328, 329 Code of Civil Procedure of the Russian Federation, judicial panel

determined:

The appeal <data withdrawn> against the decision of the Moskovsky District Court of Cheboksary of the Chechen Republic dated June 24, 2013 is left unsatisfied.

Presiding

Judges

Car warranty period

During what period of time must the car be repaired under warranty? Warranty repair periods:

• the repair must be completed within the period established by law, unless the owner and contractor have entered into an agreement indicating a different time period;
• repairs can last up to 45 days.

The warranty for car repairs is determined by the manufacturer.

The lack of parts, which repairmen often refer to, is not a reason to increase the repair period, since ordering them in a timely manner is the task of the service organization.

There can be only one legal refusal of warranty repair - if the examination reveals that the malfunction arose as a result of improper operation of the car, and the owner, in fact, is to blame for its occurrence.

When can you get a refund from a car dealership for a low-quality car?

The law establishes several reasons why you can demand a new car from the salon or a refund:

1. The machine has a significant flaw.

Significant is irreparable, difficult to repair, or occurs repeatedly. For example, if a car’s gearbox breaks down, this is a significant drawback and difficult to eliminate. But if a light bulb burns out, no, such a problem can be eliminated in a couple of minutes.

If it is unclear whether the deficiency is significant, an examination is ordered. The buyer can order it himself; if in the end it turns out that he was right, the court will recover money from the car dealership for the procedure.

1. The service center violated the repair deadlines.

The maximum repair period by law is 45 days. If the car took longer to repair, you can file a claim and demand a refund for the product. But only if the buyer did not accept the results of the repair: the man in the story above lost the right to a refund due to the fact that he took the repaired car and signed all the documents.

1. The car broke down repeatedly, and due to repairs it could not be used for more than 30 days a year.

And at least one year during the warranty period. Let's say the warranty is valid for three years. In the first year, the car was under repair for 1 day, in the second - 2, and in the third - 32. In this case, you can get your money back for it.

Don't miss new useful publications

We will tell you about the intricacies of the legislation, help you understand it and tell you what to do in controversial situations.

Providing services of inadequate quality. What to do if a car service performed poor quality repairs

If you are dissatisfied with the result of the car service, the first step is to prepare a claim.

Making a claim

It must be compiled in two copies, one will remain with you. Make sure that both copies are signed and stamped - this is evidence that their claim has been accepted.

In your claim, you can indicate what compensation you want:

• Elimination of defects at no additional charge.
• Reduced price for work.
• Carrying out work to eliminate any deficiencies that have arisen without additional payment.
• Compensation for the fact that you eliminate the shortcomings on your own.

To check what the true cause of the shortcomings is, the car service can conduct an examination.

Who pays for the examination?

The examination is carried out at the expense of the car service. You can be present to see if it is fair.

However, if it turns out that the deficiencies are not related to the work of the car service employee and are related to how you operated the car, you will have to pay for an examination.

FAQ

Q: Will the warranty apply after an accident?

A: If an accident or fire occurs due to manufacturing/design defects of the car, the warranty remains valid. Replacement/repair is carried out at the expense of the dealer - clause 4.17 of Regulations RD 37.009.025-92. If the fault of the manufacturer is not proven, the owner of the vehicle will be denied warranty service.

Q: Is it possible to change the oil at a third-party service center under warranty?

A: Yes, yes. The dealer may not refuse warranty service for this reason. He can refuse to accept the car for repairs only if he proves the connection between the malfunction and low-quality oil/unprofessionalism of the technician who changed the oil.

Q: If the car is under warranty, can the alarm/parking sensors be installed at a location other than the dealer?

A: On the one hand, you have the right to install additional equipment where you consider it necessary (Clause 2 of Article 16 No. 2300-1 of the Law of the Russian Federation). On the other hand, quite often the intervention of incompetent technicians in the vehicle system led to serious technical problems, including the complete loss of the car. I recommend not to take risks and use the services of certified services.

Q: Is it possible to replace the pads at a location other than the dealer?

A: It is possible, since brake pads are consumables and are not included in the list of components/assemblies subject to warranty service.

Q: Who pays for a tow truck if the warranty vehicle is not drivable?

A: If the car is not in working condition, the responsibility for delivering it to the service center is assigned to the seller - clause 7 of Art. 18 No. 2300-1 Law of the Russian Federation. If the buyer had to deliver it himself, the seller is obliged to reimburse the costs of its transportation.

Q: Is the dealer required to provide me with a replacement vehicle during the warranty repair period?

A: The dealer is not required to provide such a service. According to RF PP No. 2463, motor vehicles are included in the list of durable goods that are not subject to the buyer’s requirement to provide him with a car free of charge. At the same time, a number of companies provide a vehicle in the event of a car breakdown for the period of repair. However, this is a right, not an obligation of the seller.

Q: How to return a faulty vehicle during the warranty period?

A: The procedure for returning a car will depend on the time frame for contacting the seller. I talked about this in more detail in the article How to return a car after purchasing it to a car dealership in 2021 - step-by-step instructions.

How can a lawyer help in such situations?

But there is one “but”. Our laws are written, but their implementation is monitored “carelessly.” And returning a car even with a serious malfunction that affects the safety of its driving is quite problematic . After all, almost any car dealer has a lawyer who will prove to the client of the car dealership that he is only entitled to repairs under warranty, and he may not even remember about returning or exchanging a defective car. And they generally start by trying to convince the buyer that he himself is to blame for the malfunction and will not even receive warranty repairs. And it works for many.

In such cases, you have only one way out - ask for help from an experienced lawyer. Call our company. Our auto lawyers have extensive experience and specialization in the areas of litigation with car dealers, with insurance companies, with auto repair shops that have carried out poor-quality repairs, as well as in pre-trial settlements of these same disputes.

Procedure for returning a car to the seller

To do this, you, of course, need to terminate the contract for the purchase and sale of a car (hereinafter referred to as the product). The grounds for termination may be significant violations of quality requirements, violation of the terms of the contract regarding the transfer of documents for the car, etc.

This can be done both extrajudicially and in court, on the grounds provided for by the contract or legislative acts. The procedure itself includes the following points:

Send a written, reasoned claim to the seller to terminate the contract. As a general rule, contractual relations terminate from the moment the claim is received (clause 1 of Article 450.1 of the Civil Code of the Russian Federation). Such a claim must necessarily contain: arguments for which you decided to refuse the contract, references to the law or relevant clauses of the contract, details of the contract; in the petition part it is important to indicate your intention and ask to return everything transferred under the contract, the period of such transfer.

Since the above claim is a legally significant document, it must be sent in such a way that the direction can be proven - by registered mail with a list of attachments, by telegram, delivered in person, using a courier service.

Recipient's address is the address specified in the contract or an extract from the Unified State Register of Legal Entities/Unified State Register of Individual Entrepreneurs, which can be obtained on the official website of the tax service.

If the seller refuses to answer you, or is inactive, that is, does not respond at all, the dispute will have to be resolved through court.

In what cases is a breakdown considered a “warranty case”?

Let's go back to cars and take a closer look at how to determine whether a warranty case has occurred after purchasing a car. Today, almost all automakers guarantee the uninterrupted operation of their cars for at least two years, without limiting the car owner’s mileage, or three years if the car owner has driven less than 100 thousand km . The seller specifies one of these two warranty options in the car purchase contract.

Typically, the first warranty option is provided by automakers from European countries , and the second by manufacturers of Asian car brands. But then you got together and finally bought the car of your dreams, and it literally “registered” in a car repair shop. Does the car owner have the right to return money under warranty for such a defective car? You have legal grounds for this - you cannot use the car for its intended purpose , it spends more time being repaired than on the road. And you, naturally, want to return this “miracle car” back to the dealership and return the money for it, as well as reimburse related expenses (insurance policy, paperwork, state duty).

Of course, it is possible to return the car under warranty, but it will be difficult and time-consuming. First of all, the car dealership can offer you to exchange your defective car under warranty for exactly the same one, and this is far from the worst option for resolving the dispute. Many clients do just that, exchanging a faulty car for a new one - and the conflict is over. If the car returned under warranty and the one received in exchange have different equipment, the car dealership must either add the missing options or refund the difference in cost in money.