Is it possible to return a car to a car dealership: how and when to do it

Mikhail Vaikhansky

Lawyer, expert in the field of automobile law and insurance.

It’s the first month of using your new car, you’re still delighted, but out of nowhere you begin to notice that it’s behaving somehow strangely: it won’t start the first time, or the engine makes some unusual sounds, or The revs fluctuate completely. At first, you close your eyes to this and try to convince yourself that there is no problem, but these unpleasant symptoms do not go away and irritate you more and more. And all this despite the fact that the car is under warranty and is serviced according to the manufacturer’s regulations.

Finally, you decide to take the car for diagnostics and find out that the fault is definitely present and is of a manufacturing nature, which means it must be fixed by an official dealer. Or even worse - that the malfunction is serious and the operation of the car is unsafe.

The only correct decision in this case will be to immediately contact the official dealer with a request to eliminate the defect under warranty service of the car.

However, this can be a big problem if the fault is really serious and its elimination requires significant costs. Practice shows that in most cases, official dealers refuse to accept cars with serious defects under warranty, citing improper use of the car by the owner, and, accordingly, a lack of warranty coverage.

We'll tell you how to deal with such a situation and what to do to convince the dealer to fulfill its obligations and repair the defective car or return the money paid for the car.

Content

• Is it possible to return a used car to a car dealership?
• How to return a car to a car dealership
• Is it possible to return a car purchased on credit to the dealership?
• What to do if the car dealership refuses to accept the car

Many buyers are accustomed to trusting car dealerships. Such companies give the impression of being solid and reliable organizations. But sometimes unscrupulous showrooms hide the ins and outs of a car. Damaged or restored cars are sold under the guise of new ones, legally clean cars are sold as pledged or leased cars, etc.

In such cases, the buyer has a desire to return the car to the dealership. Together with experts, we will figure out whether this can be done, how and what to do if the seller refuses to accept the car back.

What does judicial practice say?

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

1. 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.
2. 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.
3. 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.
4. 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.

Is it possible to return a used car to a car dealership?

Most often, buyers realize that they did not get what they dreamed of upon returning home or during use.

Andrey Brusnitsin, director of the Berezovsky Privoz automobile complex, Sverdlovsk region:

— Buyers very rarely ask to return a purchased used car. As a rule, no more than once a month and even less often. But such cases do happen. The reasons are different: on the way home the car broke down, and the breakdown was significant. When we arrived home, my wife and relatives didn’t like the car. Or the car did not impress or disappointed in movement, and so on.

You can return your used car to the dealership. The buyer has 15 days to do this. But the return process is completely different from, for example, returning clothes (they are accepted even without a reason). A car is considered a technically complex product. The money for it will be returned if real shortcomings are discovered, such as broken body geometry.

You can take the car back to the dealership after 15 days, but with one of the conditions:

• If during the first two years after purchase the car spends more than 30 days a year in service.
• A significant flaw was discovered.

Yuri Demin, auto lawyer, Saratov:

— A significant drawback is a defect that makes it impossible to further use the machine. It appears more than once, and the cost of eliminating it is disproportionate to the price of the car.

Also read: 5 sure signs that a car is being sold after an accident

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)

How to return a car to a car dealership

To return a used car to a car dealership, you need to prepare a written claim. It needs to tell in detail what didn’t work in the car. The claim can be submitted in person or sent by a valuable letter to the seller’s legal address with a list of the attachments.

The seller, by law, is given 10 days to consider the request. The dealer carries out an inspection and finds out why the deficiencies appeared. If it is not possible to prove that the buyer himself damaged the car or is trying to deceive the seller, the car dealership is obliged to return the money.

Andrey Brusnitsin, director of the Berezovsky Privoz Automotive Complex, Sverdlovsk Region:

— Even if the client applies within 14 days, we always meet halfway: we accept the car and return the funds. There is also so-called “buying extremism”. These are cases when transactions are made to make money from the salon. We resolve controversial issues through the courts.

If the car is returned to the dealership after two years, the seller must return not only the amount paid, but also the difference from its new market value. That is, if you bought a car for 900 thousand, and now it costs 1.2 million rubles, you should be returned 1.2 million rubles. And this despite the fact that the current cost of your car is 700 thousand rubles. Such rules are spelled out in Article 24 of the Federal Law “On the Protection of Consumer Rights”.

Instead of money, the dealer may offer to replace the car with the same or another model with a recalculation of the price. Whether to accept such an offer is up to you.

Also read: Which used car sellers should you stay away from?

Your car breaks down under warranty - filing a claim

All issues related to the regulation of consumer rights are reflected in the relevant Law on the Protection of Consumer Rights 2300-1. However, it provides general legal norms, while individual points may vary depending not only on the manufacturer, but also on the brand of the machine.

It should also be taken into account that different parts have their own deadlines. Gearbox, generator, engine - each of them has its own degree of wear. Consumable parts, such as brushes, candles - if they are guaranteed, then for the very minimum period.

What a motorist needs to know if a car breaks down under warranty is what to do in this situation. The procedure will look like this:

• Regardless of whether the car breaks down under warranty on the road or does not start near the house, you should contact the service center of an official dealer so that they can send a tow truck;
• the main documents that will be needed are the technical passport for the vehicle and the service book;
• preparation of documentation for placing a car for repair.

The maximum period of repair work under warranty service is 45 days. The service must complete the work in the shortest period possible. Separately, it is necessary to say about those legal aspects that relate to warranty service:

• when replacing a defective car with a new one, the warranty period is also updated;
• the owner is obliged to carry out maintenance and repair work in the order prescribed in the service book;
• Any parts of the car that are covered by warranty must, if necessary, be replaced free of charge, that is, for nothing.

The last point takes into account those cases where the breakdown of parts occurred due to a manufacturing defect, and not to the actions of the driver.

A car breaks down under warranty - who pays for the tow truck?

If the car breaks down on the road, or anywhere else, the question of paying for a tow truck becomes relevant. The driver should know that towing services are provided at the expense of the official dealer.

A situation may arise when a breakdown occurs in another region or area. In this case, you should contact your authorized dealer about the availability of service centers in your region. If there are none, carry out the evacuation at your own expense, and then demand from the dealer a refund of the money spent according to the expense documents.

It should be borne in mind that this provision is relevant only if the part failure occurred due to a manufacturing defect. Otherwise, you will have to pay for the tow truck yourself.

Is it possible to return a car purchased on credit to the dealership?

A loan car can also be taken to a car dealership. Refunds are subject to the same conditions as for full payment for the car. The dealer is obliged to transfer the entire amount along with interest, and you transfer it to the bank. The latter, in turn, removes the mark on the deposit, gives the title, after which you hand the car back to the store.

The law also allows for a vehicle with legal problems to be returned to the dealership. Such cars, unfortunately, are also often found in dealerships. For example, at the beginning of 2021, one of the Moscow dealers sold a Hyundai Creta to a woman, who was listed as collateral. The problem only became apparent after a month of use.

To save yourself from unnecessary problems, lawyers advise carefully checking the history of the car, even if you buy it from a good car dealership. Run the car through the databases and make sure that your future iron horse is completely clean and will not let you down.

Here's an example: the fourth Optima is sold for almost a million rubles. The manager of the car dealership said that the car was in perfect condition, not damaged, the oil and brake pads had been changed.

We check the car through avtocod.ru and immediately see that the car is damaged.

The accident occurred in April 2021.

There is no diagram of the damage, but from the calculations of the repair work it becomes clear that the impact fell on the front part.

The bumper, radiator grille, and hood were replaced. In total, restoration costs ranged from 112,658 to 119,628 rubles.

The Optima actually had a technical inspection. At the same time, the car's mileage decreased.

It’s not pleasant to find out about problems after the purchase. If you are planning to return the car, but the seller does not cooperate, you will only be able to get your money back through the courts. Additionally, you can recover money for moral damages.

Also read: 8 most common mistakes when buying a car

Briefly about the guarantee

Warranty service is an obligation to service a car, which the manufacturer or car dealer undertakes to the buyer. Most often, the warranty is provided by the dealer: it is he who should be contacted in case of breakdowns.

There are two types of guarantee:

1. It is given for a certain period – 3-5 years.
2. It is given up to a certain mileage: for example, up to 120,000 km.

There may also be a mixed warranty: for 5 years or up to 120,000 km.

When you bought the car, you should have been given a warranty card. It indicates the main conditions and faults that can be repaired free of charge at the dealer. Such malfunctions include defects caused by the manufacturer or car dealership.

Consequences of termination of a contract through court

Even if the court satisfies the claims, this does not guarantee that the money paid for the vehicle will be returned.

If the former owner does not have official income and property that can be seized, he will have to wait several years for compensation.

When you receive a court decision, contact the bailiff service. They will seize the disputed car and sell it at auction, and the money will be used to pay compensation.

Useful video

Watch the video on how to return a vehicle correctly:

Dear readers! To solve your problem right now, get a free consultation

— contact the lawyer on duty in the online chat on the right or call: +7 (499) 938 6124 — Moscow and region.
+7 (812) 425 6761 — St. Petersburg and region. 8 (800) 350 8362 - Other regions of the Russian Federation You will not need to waste your time and nerves - an experienced lawyer will solve all your problems! Or describe the situation in the form below:

Documents required for return

The return of the vehicle to the place of purchase is accompanied by the mandatory provision of a number of documents.

1. Buyer's passport: only this document will allow you to identify the citizen as the owner of the car and give him the money spent on the purchase.
2. Agreement for the purchase and sale of a car, signed by both parties to the transaction.
3. Service book.
4. A document confirming the presence of a malfunction. This is, for example, a work order.
5. Check. However, a refusal due to the absence of this document is illegal, as stated in paragraph 5 of Article 18. Zopp.

The termination of the contract upon provision of all required documents is carried out in record time.

Reasons for refusing a free repair

Among the common causes of failures are untimely or ignoring the first or any other maintenance at an authorized service center, any repair or maintenance outside such service centers, violation or failure to follow instructions or violation of prohibitions, at least theoretically fraught with a malfunction, installation of parts or equipment that are not certified by manufacturers, road accidents, damage by natural disasters, illegal actions of third parties in which components, assemblies or the entire machine were disabled, participation in racing, operation in difficult climatic conditions. For example, in case of strong humidity, flooded roads, etc. The guarantee of the dealership’s loyalty when demanding that it fulfill its obligations is to undergo maintenance within the scheduled periods established in the service book.

Contact Rospotrebnadzor

The government structure is a supervisory body that controls the activities of organizations providing goods and services to the population. If the car dealership did not consider the complaint and left it unanswered, the vehicle owner can contact Rospotrebnadzor.

Civil servants monitor compliance with Law No. 2300-1. The claim may concern any norms of the document that are violated.

A complaint to Rospotrebnadzor can be filed in the following ways:

• personally;
• by registered mail;
• through the Internet reception.

On the government agency’s website, you can fill out a special application form where you indicate information about the violation. It contains information about the citizen, including a convenient way to receive a response. Supporting documents can be attached to the application, but their size should not exceed 5 MB. Appeals are considered taking into account the standards established in Law No. 59-FZ of 05/02/2006.

How to return your car for repair under warranty: step-by-step instructions

The whole process begins with you identifying the breakdown. Then you need to contact the dealer to claim warranty repairs and hand over the car. When everything is done, pick up the car.

Let's look at each step in detail.

Step 1: Identifying Weaknesses

Identification of defects means detection of the malfunction itself. For example, if you were driving and the car suddenly stalled or stopped starting, you can immediately contact the dealer.

But you can do it differently: take the car to a service center for diagnostics. There you will be given a document describing the specific faults that caused the car to stall and not start. With this document in hand, you can proceed to the next step.

Step 2: submit a claim for repair under warranty

As mentioned earlier, the 45-day countdown for warranty repairs begins from the moment you contact the car dealer. It is better to submit a written application. A car dealership may have its own form, but usually it contains the following information:

• car dealership data;
• buyer information;
• information about the car;
• listing all shortcomings;
• requirements: immediately accept the vehicle, carry out diagnostics, issue a document extending the warranty;
• date of compilation, signature.

Step 3: hand over the car

When transferring a car to a dealer for repairs, a transfer deed is drawn up according to the number of parties. It indicates the make and model, equipment, year of manufacture, mileage, visible damage.

Sample act

Step 4: pick up the car

When the car is repaired, you will be notified by phone. You need to come to the car dealership with documents for the car and your own passport. You should be given a certificate of completion of work on site.

In addition to information about the car, the dealership and the buyer, it also indicates other things:

• identified faults;
• replaced parts;
• deficiencies eliminated.

It also specifies the period for submitting a claim for repairs - 6 months.

Sample act

Refund

The seller must process the transfer to the buyer within 10 days after accepting the application. If the vehicle was purchased through credit, then the refund of the amount paid for the purchase is carried out through a banking institution based on confirmation of the termination of the agreement between the citizen and the car dealership.

Additional payments

If before returning the vehicle was under repair for a long time and the repair time significantly exceeds that specified in the agreement, the owner has the right to expect payment of a penalty for each overdue day.

It is 1% of the cost of the car and is calculated daily. Even if the car is subsequently returned to the dealership, the former owner has the right to receive this penalty.

What about the deposit?

Article 23 of Law No. 2300-1 indicates that when making a deposit, the seller must fulfill his obligations and deliver the goods exactly on time. If this does not happen, then the further development of the situation depends on the buyer’s loyalty: the latter can extend the term of the agreement or withdraw the advance payment.

How salons deceive

Car dealers go to great lengths to make a profit. Car dealerships practice the following methods of fraud:

• substitution. The manager shows the client one vehicle, and the concluded contract indicates the purchase of a completely different car;
• concealment of information when purchasing a vehicle on credit. Later it turns out that the seemingly favorable conditions are fraught with many pitfalls, due to which the vehicle owner is obliged to pay a large amount for the car;
• The car presented as new was in fact already used. Information about mileage must be specified in the contract. If information is missing, the buyer may not be the first owner of the car.

If you discover fraudulent actions by a dealer, you should immediately go to court. However, it is better to show the contract proposed for signing to a car lawyer in advance, who can identify hidden signs of deception in the document.

Dear readers! To solve your problem right now, get a free consultation

— contact the lawyer on duty in the online chat on the right or call: +7 (499) 938 6124 — Moscow and region.
+7 (812) 425 6761 — St. Petersburg and region. 8 (800) 350 8362 - Other regions of the Russian Federation You will not need to waste your time and nerves
- an experienced lawyer will solve all your problems!

“I no longer felt the joy of the acquisition”

Nikolay : “In December 2021, I needed a car to go both to the dacha and to the village, as they say. The volume of transported things, especially during the notorious summer season, is quite large. I looked closely for a long time and chose the Lada Largus. It’s not that I really wanted to buy the brainchild of the Russian automobile industry, it’s just that my friends said that this car was quite strong, and in terms of price-quality ratio it was quite a suitable option.

They often wrote about this car on the Internet that it was supposedly a “workhorse” that would perform its functions properly, but there were also those who did not respond very well. In general, somewhere negative, somewhere positive, it’s always like that. “Okay, I’ll take it,” I decided, and on December 30 I gave my family a New Year’s gift - a new car. It cost almost 26 thousand Belarusian rubles.

On January 7, 2021, during a short trip, the car suddenly began to lose power. The engine doesn't pull, that's all. At this moment, an engine error light appeared on the instrument panel. I had to interrupt further operation of the car, although I had a lot of things planned that day. Maybe some small thing that will be fixed at the dealer's service under warranty?

The next day I spent an hour and a half at the dealer, after which I decided to leave the car until tomorrow, let them sort out the problem. They were turning something there, as I understand it, they were turning it, they did computer diagnostics - nothing. A day later I took my Lada Largus back, it seems to be running. But…

The next day, that is, January 10, the tachometer stopped working. Naturally, I stopped at the edge of the roadway, turned on the emergency lights and began to think. The thoughts were not good, since I no longer felt any joy from the acquisition.

I stood there for 30-40 minutes, started the car, and the tachometer started working again. I went straight to the service center, hoping that the problem would now be fixed. But again, “no problems were found.” Okay, maybe I don’t understand something or am very picky, although this has never happened to me. There’s just a problem, I report it to the specialists, who must identify and eliminate everything - what’s wrong with that? I’ll wait, maybe this Lada needs to warm up, it’s still new.

What to do if the dealer refuses to repair

If the dealer refuses warranty repairs, you need to do the following:

1. Send him a written complaint. The response period is 30 calendar days from the date of receipt. It is better to send by registered mail with acknowledgment of receipt.
2. File a claim in court if the claim is rejected or there is no response.

The statement of claim is filed in the district court, or you can apply at your place of residence. Along with the requirement for warranty repairs, you can demand reimbursement of expenses for transporting the car, compensation for moral damages, penalties for violating deadlines, and a fine of 25% for refusal to resolve the problem pre-trial.

Sample claim

Procedure for resolving a dispute with a car dealer

Regardless of how much time has passed since you purchased the car, in order to exchange the car or get a refund for the car, you must go through several steps:

• Filing a claim with a car dealer
• Carrying out an examination
• Trial
• Execution of a court decision

Submitting a claim to a car dealership and conducting an examination

Before presenting a demand, it is necessary to consider the future possible response of the opponent, as well as further avenues of proceedings. The claim must be structured in such a way that, based on its dissatisfaction, you have every reason to file a claim.

The text must include: the name, your and the seller’s data, the date of purchase of the car, its make and state number, the circumstances for making claims, a description of the identified deficiency, legal justification (optional, but it is better to immediately show the seller that you do not dwell on the claim are going), the petition part and the attached documents.
There is no need to describe all the circumstances, your thoughts and suspicions. The narrative is condensed, i.e. date of detection of the defect, how the defect manifested itself (including consequences), 1-2 references to the law and requirement. A correct claim takes no more than one A4 page. • An example of a claim for a replacement car – download link • An example of a claim for a refund for a car – a download link
The submission procedure is up to you. You can bring it in person, send it by mail or courier delivery service. If possible, it would be a good idea to send your claim by email.

Advice! When submitting in person, always have your copy affixed with the company seal, signature and full name of the receiving employee, date and reference number. Only the latter is not mandatory for future consideration of the complaint. If they refuse to stamp and sign you, you need to send a letter by mail.

Be sure to send a valuable letter with an inventory and notification. In the text of the inventory you must write what document you are submitting, attachments and how many documents and sheets you are sending. Such an indication will help in the future to avoid refusal due to the alleged absence of an important document. Notice will be required to indicate the start date for claims review.

The attached documents must include a purchase and sale agreement and a registration certificate for the car. The rest depends on the circumstances and your desire.

The management and lawyer of the car dealership, having seen your legal literacy, will try not to bring the matter to court and will try to resolve the dispute immediately.

In your complaint, you can ask the dealer about the need to conduct an examination of the cause of the breakdown. The request must be satisfied within three days. An examination is appointed and, based on its findings, you can proceed to exchanging the car or returning money for the car, but only if a significant defect is confirmed.

note

The initial payment for the expert's work is made by the dealer. If the defect is not confirmed, you are required to reimburse the cost of the examination. Therefore, it is better to order an examination yourself. Initially, you will have to pay, but later the payment can be assigned to the car dealership as damages. When choosing an expert, the likelihood of a truthful and correct conclusion increases.

Please note that in the text of the claim for the exchange or return of the car, you can ask for compensation of the penalty in cases provided for by law and circumstances. Such a requirement helps satisfy your basic requirement. For example, you demand an exchange and a penalty, and in order for your main request to be satisfied, you agree to waive the penalty. Dealers often agree to avoid additional costs.

Important

If within a 10-day period the dealer does not satisfy the buyer’s claim for an exchange or return of a car of inadequate quality, then he must pay a penalty in the amount of 1% of the cost of the vehicle.

When it was not possible to resolve the issue pre-trial, you were refused an exchange/refund, or you were not satisfied with the conclusions of the examination, you should file a claim. Before filing, you should seek a written waiver or have evidence that you have attempted to obtain such a waiver.

Trial

We recommend reading: How to draw up and file a claim in court

The basic requirements for a statement of claim are practically the same as for a claim.
But in the text it is already possible to describe the situation in more detail and indicate a larger number of regulations that should be applied. In order for a legal and informed decision to be made, it will be necessary to appoint a forensic auto-technical examination. In its decision, the court always records the conclusions of the forensic examination, and not the pre-trial conclusion of a specialist. It would not be amiss to indicate the manufacturer (official representative office) as a third party if the claim is filed against the seller. During the trial, with the consent of the manufacturer, your claims may be satisfied by signing a settlement agreement. And you will be satisfied, and there will be no court decision. Companies that care about their image, in cases where there is a high percentage of losses, try to resolve the dispute without making a decision. Example of a claim for car exchange - download link
In a court case, if possible, you should always ask for a penalty. Satisfaction of such a claim will fully cover all your costs that cannot be reimbursed by the decision. In some cases, a penalty helps to “punish” an unscrupulous seller. Other times, when you make a claim, the dealer will think twice about denying the claim.

After the decision is made and it comes into force, you will need to contact the car dealership. They don’t do it voluntarily, you can contact the bailiffs who will force you to exchange the car.

Important

If an exchange is not possible, the dealer is required to refund the cost of the vehicle. Please note that the amount you paid is subject to refund. You can come across tricks from dealers to reduce the cost due to the time the car is used, but this is illegal. Moreover, if the price of a similar car goes up, you can ask for the price on the day of the refund.

Filing a claim

If the car dealership refuses to settle the claim out of court, you should go to court. To do this you need:

1. write a statement of claim and submit it to a judicial authority;
2. Next, you need to pay a state fee, the amount of which may vary depending on the cost of the car.

Most likely, you will have to pay for the services of a lawyer, who will collect all the evidence: claims, receipts, and so on; for your own confidence, you will have to at least take advantage of free legal advice.

Chances in court

The court ruling in cases of returning vehicles back to sellers is based primarily on an independent examination.

Practice shows that if the buyer’s fault for the occurrence of a malfunction is not established and the owners’ demands are natural, then the court is on the side of the citizen when making a decision. The only thing you shouldn’t count on is a refund of interest if you took out a car loan: these payments are usually not considered losses.