Is it possible to return a used car to a car dealership within 14 days bought for cash under the consumer protection law?

Author

Sergey Ershov

Registration number in the register of lawyers of St. Petersburg – 78/5563

At the family council, a decision was made to buy a used car at a car dealership, and not second-hand. It's more reliable. But not even a week had passed before the car fell apart. Upon inspection, a faulty gearbox and a twisted mileage were revealed. You are indignant and don’t know what to do. I will tell you whether it is possible to return a used car to a car dealership within 14 days and what to be prepared for.

What the law says about returning a used car to a car dealership

According to RF PP No. 2463, a car is classified as a technically complex category of goods. Returning it is very problematic, but real.

The main advantage of purchasing a used car at a car dealership is that it is subject to the Law of the Russian Federation “On the Protection of Consumer Rights” No. 2300-1, in contrast to purchasing a similar product from a private person.

In relation to a technically complex product (in our case, a car), if defects are discovered in it, the buyer may refuse to execute the sales contract and demand from the dealer within 15 days from the date of its transfer - clause 1 of Art. 18 No. 2300-1 Law of the Russian Federation:

Refund the amount paid for it.
Make a request to replace it with a product of a similar brand or with the same car of a different brand with a corresponding recalculation of the cost.

At the end of such a period, the above requirements are satisfied if:

A significant flaw has been discovered.
The 45-day deadline for eliminating deficiencies was violated.
It is impossible to use the car during each warranty year for a total of more than 30 days due to repeated repairs.

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

Sample statement of claim for termination of a car purchase and sale agreement

In the Verkh-Isetsky District Court of Ekaterinburg, Ekaterinburg, st. Malysheva, 2 B

Plaintiff:

Respondent:

Limited Liability Company

Statement of claim

on the collection of funds under a car purchase and sale agreement

Between me and the LLC, a purchase and sale agreement No. 82/14 was concluded for a FORD Ford FOCUS car worth 480,000 rubles. Cash in the amount of 480,000 rubles as payment for the car was transferred to the seller at the time of conclusion of the specified agreement.

After purchasing the car, during the diagnostics, significant defects were identified:

The automatic transmission housing is broken (needs replacement),
steering rack replacement, broken housing, oil leak,
replacement of all SDC anthers,
replacing front brake discs,
replacing the engine block,
replacement of attachment belts,
the headlights are screwed on with self-tapping screws,
replacement of spark plugs with cleaning of fuel injectors, throttle valve,
malfunction of the electrical cooling fan control circuit,
malfunction of the output amplifier stage or the fan electrical circuit,
malfunction of the alternator load input circuit,
break or short circuit of the electrical monitoring circuit,
IMRC output signal is incorrect.

When concluding the purchase and sale agreement, the seller did not inform me about the listed defects of the vehicle. With these deficiencies, it is impossible to safely drive the specified vehicle. Due to the identified deficiencies of the car, the repair of which is technically complex and time-consuming, I sent a claim to the defendant asking for a refund.

In accordance with Part 1 of Article 1005 of the Civil Code of the Russian Federation, under an agency agreement, one party (agent) undertakes, for a fee, to perform legal and other actions on behalf of the other party (principal) on its own behalf, but at the expense of the principal, or on behalf and at the expense of the principal. Under a transaction made by an agent with a third party on his own behalf and at the expense of the principal, the 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. Having analyzed the agency agreement, we can come to the conclusion that, in fact, a relationship has developed between the parties under a commission agreement.

By virtue of clause 1, 3 tbsp. 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. The law and other legal acts may provide for the specifics of certain types of commission agreements.

The buyer has the right to refuse to fulfill the sales contract and demand a refund of the amount paid for the goods. In this case, the buyer, at the request of the commission agent and at the expense of the commission agent, must return the goods with defects.

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In accordance with Article 450 of the Civil Code of the Russian Federation, amendment and termination of the contract are possible by agreement of the parties. At the request of one of the parties, the contract can be changed or terminated by a court decision only: 1) in the event of a significant violation of the contract by the other party; 2) in other cases provided for by this Code, other laws or agreement. A violation of the contract by one of the parties is considered significant, which entails such damage for the other party that it is significantly deprived of what it had the right to count on when concluding the contract.

In the event of a unilateral refusal to fulfill the contract in whole or in part, when such refusal is permitted by law or by agreement of the parties, the contract is considered respectively terminated or modified.

Also, Article 18 of Law N 2300-1 “On the Protection of Consumer Rights” establishes that after the expiration of the 15-day period, the requirements specified in the article must be satisfied in one of the following cases:

detection of a significant defect in the product;
violation of the deadlines established by this Law for eliminating product defects;
the impossibility of using the product during each year of the warranty period in total for more than thirty days due to repeated elimination of its various deficiencies.

I also believe that I suffered moral harm. I estimate moral damage at 100,000 rubles.

I believe that in my favor a fine must also be collected from the defendant due to his failure to voluntarily comply with the consumer’s requirements.

Since the defects of the car are significant and arose before the car was handed over to me, therefore, I consider it possible to refuse to fulfill the sales contract and demand a refund of the amount paid for the goods.

Based on the aforesaid and guided by Article. Art. 450, 431, 990, 1005 of the Civil Code of the Russian Federation, Article 18 of the Law of the Russian Federation of February 7, 1992 N 2300-1 “On the Protection of Consumer Rights”, paragraph 29 of the Rules for Commission Trade in Non-Food Products

ASK:

terminate the purchase and sale agreement dated June 27, 2014, concluded between me and LLC No. 82/14 of the FORD Ford FOCUS car worth 480,000 rubles;
to recover from the Defendants in my favor the amount paid for the car in the amount of 480,000 rubles jointly and severally.
to recover from the Defendants in my favor compensation for moral damage in the amount of 100,000 rubles jointly and severally.
to recover proportionately from the Defendants in my favor legal costs in the amount of 4,000 rubles.
recover from the Defendants in my favor a fine in the amount of 50% of the amount of the stated claims.

Date, signature

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Is it possible to return a car purchased at a car dealership?

Before returning the car to the dealership, carefully re-read your purchase and sale agreement and make sure that the seller is the dealership and not an individual.

Quite often, salons take cars on commission. In this case, a used car is exhibited at a car dealership, and its owner pays him a certain percentage of its sale.

The seller in this case will be an individual, and, therefore, there will be a different procedure and conditions for return. I talked about this in more detail in the article How to return a car to the seller under a purchase and sale agreement in 2021

How to return a car within 14 days

The consumer has the right to exchange a non-food product of good quality for an identical one if it does not suit him in shape/dimensions/style/color/size or configuration within 14 days, not counting the day of purchase - Art. 25 No. 2300-1 Law of the Russian Federation. An exception is goods specified in the List of non-exchangeable goods.

In accordance with clause 10 of the List, cars cannot be returned or exchanged. Therefore, a serviceable vehicle (hereinafter referred to as the vehicle) cannot be returned to the dealership within 14 days.

However, it is quite possible to return a used car to a car dealership within 15 days from the date of its transfer to the buyer, subject to the following conditions:

It contains defects that were not disclosed to the buyer when completing the purchase and sale transaction. For example, lack of noise insulation declared by the seller, failure of windshield wipers, etc.
Its presentation has been preserved. There are labels/stickers and other information from the seller/manufacturer located in the interior, on the body and windows.
There are no traces of its use - it should not have new scratches/chips/dents/stains on the upholstery, etc.

Often, a used car is returned due to the seller hiding information when completing the transaction:

About existing shortcomings in the car.
About his being stolen/pledged, etc.
About the fact of the repairs being carried out.

The traffic police MREO will refuse to register your car if there is an existing encumbrance (pledge/arrest/ban on registration actions).

If the car you bought is listed as stolen, it is subject to seizure by the traffic police officers at the impound lot as material evidence. However, you have the right to demand a refund from the seller of the money paid for the car. Thus, all of the above prevents further operation of the purchased vehicle.

Consequently, if the consumer was not provided with information about the product when concluding a contract for the purchase and sale of a car, he has the right to refuse to fulfill it and demand from the seller a return of the amount paid and compensation for other losses. In this case, the seller is responsible for the identified defects - Art. 12 of Law No. 2300-1.

See also: How to return a car after purchase to a car dealership in 2021 - step-by-step instructions

What are the nuances of returning a car?

You should know some of the nuances of returning a car within 15 days:

This period is calculated from the moment the car is transferred to the buyer, and not from the moment the parties sign the purchase and sale agreement.
The reason for return may be any defect. For example, unsatisfactory operation of windshield wipers/sticking of windows/locks/door handles, etc.
The buyer has the right to demand a replacement with a similar model/other brand with an appropriate recalculation of its cost or return the full cost of the car.

But what if the seller kept silent about the accident with the car?

It's all about renovation here. If after repair the car is restored with high quality, then there can be no complaints. But if after the repair, for example, the geometry of the body is damaged and the car cannot move normally, then this is a different question.

There is a clear fact of misleading the buyer. Because the appearance of a car restored after an accident is not satisfactory. And while driving at different speeds and turns, the buyer did not check the car when buying, relying on the seller’s integrity.

What are the reasons for a return?

Decide on the basis for returning a used car to the dealership.
Even a minor defect may be the basis for returning the car within 15 days.

If you return a car to a car dealership after the 15-day period established by law, the grounds for returning the car are:

Significant disadvantages.
Exceeding the deadline for their elimination.
Impossibility of using it due to repeated repairs (see above).

Thus, one of the grounds is a significant deficiency, and the rest relate to timing.

It is allowed to return a used car to the seller if significant deficiencies are found, i.e. those that - clause 13 of the RF Supreme Court Order No. 17:

Not remediable - cannot be eliminated through repair and makes it impossible to use.
They are removable, but require large investments of money - the costs of their elimination are close to the cost of the car or exceed it or the benefit that could be received by the buyer when using it.
Cannot be eliminated without a disproportionate amount of time - the time spent on repairs exceeds the elimination period agreed upon by the parties in writing (no more than 45 days), and if it is not determined, the time exceeds the minimum period required to eliminate such a defect.
They are detected repeatedly - more than once, each of which individually makes the car not comply with the mandatory requirements of the law / agreement and entails its impossibility / inadmissibility of use.
They appear again after they are eliminated again.

If you discover a defect/malfunction of the car after purchase, in order to return the vehicle the seller will need to prove that the defect arose before the vehicle was handed over to you.

Also, the basis for returning the car to the dealership after purchase will be:

Deceiving the buyer/misleading him by the seller at the time of the transaction.
Failure to provide the consumer with information about the car or its technical characteristics at the time of signing the sales contract.

Step-by-step instruction

In this case, the procedure can be described in more detail as follows:

Recording of all noticed malfunctions in writing.
Filing a corresponding claim, also in writing. Or a statement that the buyer is terminating the agreement with the company and demands a refund.
Conducting an examination, preferably independent.
Going to court if the previous stages were unsuccessful.
Enforcement of court decisions.
Receiving funds from the car dealership if the case is won.
Return of the car.

You can also process a return if all deadlines have passed. After all, some flaws require more time or more serious efforts to detect them.

Reasons for return

Often the reason for such statements may be the concealment of information that the vehicle had defects. Or that there was some kind of encumbrance.

What are warranty repairs and what rights does the consumer have? See here.

The identified shortcomings do not allow the car to be registered, and the consumer cannot fully manage his purchase. One common example is purchasing a salvage vehicle that has been restored and repaired.

After a vehicle is involved in an accident, the recovery procedure does not always meet the requirements set by regulatory authorities. Until a certain point, the consumer may not be aware at all that any repair work has been carried out.

Returning a used car to a car dealership.

Another option is to purchase cars with significant defects, although the vehicle has not been involved in an accident. At the same time, a used car can be returned even without warranty if any defects are discovered.

The reasons may be any identified deficiencies:

Unstable engine operation.
Reduction or disappearance of revolutions.
A signal appears indicating the need to “check the engine.”
There is a need to replace the structure.

The list of acceptable grounds is far from complete. The buyer has the full right to return the product or exchange it if the seller has not reported existing defects in advance. One of the acceptable requirements is full compensation of costs incurred.

The main thing is to provide as much evidence as possible that the problems arose before the vehicle was directly delivered to the consumer.

Significant disadvantages

Only a truly serious defect is recognized as grounds for return to the car dealer. The law describes this issue in detail.

Defects that meet the following requirements are considered serious:

Which cannot be eliminated.
When repairs can be carried out, but at too high a cost in terms of money and time.
Defects that reappear after initial repair work has been carried out.

Is it possible to return the car to the dealership under warranty? Find out by following the link.

Only if one of the above conditions is met, the client has the right to submit a written claim to the seller. One of the main pieces of evidence is often the opinions of independent experts.

This document fully describes both the deficiency itself and the measures necessary to eliminate it. In addition, the buyer has the right to demand a refund or compensation if he was refused repairs at all, or if this type of work was replaced with regular diagnostics.

Used car - is it possible to return it to the dealership?

The document is sent by mail, with an inventory and notification of delivery, if the seller refuses to accept it in person or does not agree to mark it.

If within ten days after sending no response is received, or it is negative, you can contact the court to resolve the dispute in the future.

The possibility of a return remains even if the deadlines are missed. But in this situation it is definitely impossible to do without an independent examination. At the same time, the owners of a car dealership do not have the right to make demands for compensation for the amount by which the vehicle has become cheaper over a certain period of time.

How to return a used car to the dealer

Follow the following algorithm:

Negotiate with the car dealership regarding the current situation.
If the salon management refuses your demands, prepare a claim.
Submit your claim to the seller in person with a receipt stamp on your copy, or send it by mail in a valuable letter with a list of the contents.
If the seller schedules an inspection of the vehicle, be present when it is carried out. If you are not satisfied with the result, you can try to challenge it.
If your claim is rejected/no response is received within 10 days, prepare a statement of claim to the court.
File a claim in accordance with the requirements set out in Art. 131 Code of Civil Procedure of the Russian Federation.
Determine the court where you will file the application.
File a claim in court in person/through a representative. Sending is also possible by mail or through the State Automated System “Justice” portal on the court’s website.
When a case is assigned for consideration, take part in the meetings. If a court decision is not in your favor, appeal.
Wait until the decision comes into force, receive a writ of execution and send it to the bailiff service for enforcement.

Important! If the car malfunctions, you have the right to demand that the seller provide a free tow truck. If you had to deliver the vehicle yourself, the dealer is obliged to reimburse you for the costs of its transportation (Clause 7, Article 18 No. 2300-1 of the Law of the Russian Federation).

What are the features of returning a credit car?

A car purchased on credit can also be returned to the dealership. However, its return is carried out under the same conditions as when paying for the car in cash. However, it has some nuances:

If the car was returned by the buyer to the dealership, the seller must independently transfer the loan amount to the account of the credit institution.
If you make a down payment with your own money, the dealer is obliged to return it to you.
If you managed to pay off part of the loan before returning the car, 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.
It is problematic to repay interest on a loan, since the courts do not consider them to be losses subject to compensation.

Important! You have the right to demand from the seller a refund of the contribution paid for the car, as well as payment of interest and other payments on a consumer loan - clause 6 of Art. 24 No. 2300-1 Law of the Russian Federation.

How to prepare a claim

A claim is an application to return a used car. Drawed up in writing in 2 copies. It is drawn up in any form, but must contain the following:

Seller information - full name of the dealer and legal address.

Information about the buyer - full name, place of residence, contact details.

The title of the document is “Claim”.
The circumstances under which the car was purchased - date, place, cost, details of the purchase and sale agreement, etc.
Information about the car - make, engine number, body number, identification number (VIN), title series and number, body color, year of manufacture.
The essence of the claim is what defects were identified and the actions taken by the buyer.
References to legal norms - Art. 454, art. 469 Civil Code of the Russian Federation, No. 2300-1 Law of the Russian Federation.
The requirements for the dealer are to terminate the vehicle purchase and sale agreement, return the funds paid for the vehicle, as well as funds spent on scheduled and unscheduled maintenance of the vehicle. In case of delay, demand compensation for losses - pay a penalty, etc.
List of attachments to the claim.
Date and personal signature of the applicant.

The Seller will have 10 days from the moment it receives the complaint to consider it. As a result, you will either be paid money for the car or your claim will be denied.

Important! The absence of a receipt for payment for the vehicle is not a basis for refusal to satisfy the buyer’s requirements - clause 5 of Art. 18 No. 2300-1 Law of the Russian Federation.

Sample claim for return of a used car (DOC 16 KB)

What documents should I attach?

The following must be attached to the claim:

A copy of your passport.
A copy of the car purchase and sale agreement.
Copies of payment documents for car payments.
PTS.
Automotive technical examination conclusion.
Documents confirming that the buyer has carried out scheduled/unscheduled maintenance of the vehicle.
Other documents.

How is the examination carried out?

The car dealership is obliged to accept goods of inadequate quality from the buyer and, if necessary, conduct a quality check.

If there is a disagreement about the reasons for the defect in the vehicle, the seller must:

Conduct its examination at your own expense.
Organize it immediately after receiving the vehicle. The buyer has the right to be present at this.

An examination of the quality of a car is a study of its condition, which is carried out with the aim of:

Determining the causes of the defect.
Establishing the percentage of quality reduction.

The examination takes place in several stages:

The main stage is that the car is subjected to various types of impact (mechanical/physical/other). The main purpose of such actions is to determine the quality characteristics of the product.
The final stage is when the research results are systematized. The expert draws up a report (act).

During the examination of the quality of the car, the buyer has the right to:

To ask questions.
Voice your comments and demand that they be included in the act.
Inform the expert of the need to raise additional questions that arose during the examination.

If fatal deficiencies are found, the vehicle will not be repaired. The salon must return the money and terminate the contract.

If the buyer disagrees with the results of the examination, he has the right:

Challenge this conclusion in court.
Conduct a re-examination with the involvement of an independent expert.

What to do if your claim was not answered/refund was refused

If the dealer refused to satisfy the claim or ignored your request, you have the right to file a complaint with Rospotrebnadzor or go to court to protect your interests.

What to include in a complaint to Rospotrebnadzor

You can file a complaint with Rospotrebnadzor. The document must contain the same information as in the claim. If there is a response from the car dealership, also indicate the reason for the refusal.

Such an appeal must be considered by Rospotrebnadzor within 30 days. As part of the inspection, this body will request the missing documentation and take appropriate measures.

If violations are detected, the seller will be sent an order with a requirement to eliminate them. If it is not fulfilled, the management of the salon may be held accountable.

How to return a car through court

Signboard of the Oktyabrsky District Court of St. Petersburg
If the parties were unable to resolve the dispute out of court, and the car dealership did not return the money within the prescribed period, file a claim in court.

When preparing a claim, comply with the requirements specified in Art. 131 Code of Civil Procedure of the Russian Federation. The document is drawn up in writing and its text indicates:

The name of the court you are applying to.
Your full name and place of residence, as well as contact information.
Information about the defendant - the name and address of the dealer, as well as one of the organization's identifiers, if known: taxpayer identification number and primary state registration number.
The cost of the claim is set based on the amount of money recovered (cost of the car/penalty, etc.).
The title of the document is “Statement of Claim for Termination of the Voluntary Contract and Refund of Funds.”
Circumstances that constitute the basis for termination of the purchase and sale agreement and the return of funds paid for the car.
Information on compliance with the pre-trial procedure for contacting the defendant.
Evidence of the validity of the return of funds.
Links to legal norms.
Request to the court to terminate the contract of sale and purchase of the vehicle, return the funds paid for the car, and also collect a penalty, moral damages, a fine in the amount of 50% of the amounts satisfied by the court, costs for the services of a representative/expertise/delivery car tow truck, interest/commissions on the loan, etc.
A list of attachments to the claim, including a notice of delivery of a copy of the statement sent by you in advance to the other party.
Date of preparation.

Be sure to sign the application in person.

Important! If the claim price is no more than 1 million rubles. in this category of cases, plaintiffs are exempt from paying state fees - Art. 333.36 Tax Code of the Russian Federation. If the price is over 1 million rubles. — the duty is paid in accordance with paragraph 1, paragraph 1 of Art. 333.19 Tax Code of the Russian Federation.

What documents should be attached to the claim?

The following documents must be attached to the statement of claim:

Notice of delivery of a sent copy of the claim to the other party.
Calculation of all amounts collected, including penalties and fines.
A copy of the vehicle purchase and sale agreement.
Payment documents confirming payment for the car (if available).
A claim against the car dealership and documents confirming its submission by the defendant.
Written response to the claim (if any).
Evidence of the validity of the return of funds. For example, the conclusion of an automotive technical examination, etc.
Other.

Important! If the seller evades receiving a valuable letter, it is considered delivered to him at the moment it was received, but was not handed over to him/he did not familiarize himself with it due to circumstances beyond his control - Art. 165.1 Civil Code of the Russian Federation.
The notification is considered delivered on the day it is returned according to the tracking report posted on the official website of Russian Post.

Which court should I go to?

The statement of claim is filed with the district (city) court.

Claims for the protection of consumer rights may be brought to court at the choice of the plaintiff - Art. 29 Code of Civil Procedure of the Russian Federation:

At his place of residence/stay.
At the place of conclusion/execution of the contract.
At the location of the defendant organization/at the address of its branch or representative office.

FAQ

Q: Is it possible to return a used car purchased at a dealership for cash?

A: In this case, it does not matter whether the car was purchased for cash or on credit. The possibility of a return depends on the identified deficiencies and the statute of limitations on its purchase.

Q: Is it possible to return a car to the dealership if it is in good working order, but does not match the color/equipment?

Oh no. A serviceable car cannot be returned, as it is included in the list of goods that cannot be exchanged or returned.

Remember

If defects are found in a used car, it can be returned to the dealership within 15 days from the date of purchase. At the same time, its presentation must be preserved.
If such a period has expired, a return is possible - if a significant defect is identified in the car / its repair period is more than 45 days / the impossibility of using it due to repairs during each warranty year is more than 30 days.
According to the consumer protection law, a working used car cannot be returned to the dealership.
To resolve the issue with the return, you should file a claim with the seller. And if it is refused or ignored - to Rospotrebnadzor/court.

Have your friends ever had to return their car to the dealership and for what reason? How was the issue resolved?

Claim for car return

As we mentioned earlier, first of all you need to send a pre-trial claim to the seller. As a rule, the buyer is an individual, so if you are dissatisfied, you should contact the district court, and today the claim can be filed at the buyer’s location.

NOTE : no state fee is paid when filing an application for consumer protection.

The statement of claim must indicate:

Details of the seller, buyer;
Data about the agreement – date, time, place of its conclusion;
The essence of the dispute, the nature of the violation (identified malfunctions), relevant evidence;
The pleading part is to terminate the contract and eliminate violations of rights by returning money or exchanging (this is at your discretion or in accordance with the purchase and sale agreement);

In addition, you have the right to ask for a penalty and a fine in accordance with the law on the protection of consumer rights, as well as reimbursement of legal costs (if any).