How to get a refund for a warranty car. In what cases can I return a defective car to the dealer? Supreme Court clarification. Car return within the warranty period

Nowadays, a car is no longer a luxury, but rather a necessity. But the cost of a good car for average citizens is still not small. That is why returning a car to a car dealership is an urgent issue for many ordinary people. Buying a car of proper quality is the dream of almost every person. People approach the choice of a car carefully, because they usually buy transport not for a year or even two. Returning a car is an unpleasant procedure, but sometimes it is simply necessary. The purchased vehicle does not always meet your expectations. Of course, returning your car under warranty is impossible due to poor aerodynamics or a slow heating stove. But there may be significant mechanical disadvantages ( frequent breakdowns, due to which you cannot use the machine at the time you need).

Car dealership employees rarely voluntarily agree to return a car of inadequate quality. They try to write off all the shortcomings on you, such as you don’t know how to drive, don’t follow the car, etc. They offer warranty repairs (very often at your expense), refer to certain clauses of the sales contract. In general, in every way they try to circumvent the provisions of the law on the rights of consumers.

In order to carry out the return of a faulty car back to the salon, while saving time and nerves, it is necessary to consult with specialists in advance.

Contact lawyers through the feedback on our website and get the opinion of competent lawyers absolutely free.

You can return a car of inadequate quality back to the seller if defects are found within a certain time period established by law. For example, in the first 14 days, the money for the car can be returned, even if you only have a power window that does not work. Well, or exchange for another, of the same brand, but without a manufacturing defect. But after the expiration of this period, the procedure for returning a low-quality car, taking into account the guarantee, is much more complicated and unpleasant.

Based on the law, in this case, you can return the car to the seller under the following circumstances:

recognition of the materiality of the defect or the impossibility of its removal (correction, repair) in the process of conducting a special examination;
the dealer company was unable to remove the detected defects in due time. The time for correcting parts and mechanisms of inadequate quality should be discussed in advance and recorded in writing and should not exceed 45 days;
your vehicle was repaired on a cumulative basis for more than thirty days in the entire year. This can be a one-time repair for a period of more than one month or fifteen repairs per year for two days. The main thing is that you could not use the car for more than 30 days during the year due to its inadequate quality. The basis will be all documents confirming the location of your vehicle in after-sales service. Keep all documentation and strictly monitor the affixing of seals and signatures to employees of repair organizations;
return of the car is possible in case of repeated correction of the same malfunction;
also, a car dealership is obliged to take back its goods if it concealed the shortcomings of the car in advance.

Keep in mind that if your situation matches one of the above elements, the supplier does not have the right to refuse a car of inadequate quality.

But it may require you to return the difference between the market and actual value of the machine. So, this is not legal even if the car has a presentation. A few more words about appraisal expertise. It is carried out at the expense of the dealer. If you are not satisfied with the test results, feel free to contact the court. It is difficult to deal with such situations on your own. Contact the lawyers on our website, and together we will go through this thorny path.

Features of returning a car on credit

The law of consumers states that when a defective product is returned to the seller, the lender is obliged to return the funds taken on credit. In addition, your expenses on the loan account should also be returned. The only loss for you will be interest payments. Judicial bodies rarely recognize overpayment as damages received due to the purchase of low-quality goods. After all the calculations, be sure to take a certificate from the bank stating that all relations with them are over and there are no complaints against you. Another piece of advice, even if your car has become unusable due to the fault of the manufacturer, do not stop monthly payments to the bank until the whole situation is officially resolved legally. Otherwise, the court may take the side of the bank and you will lose everything.

Even if you decide that you do not fall within the scope of the reasons for returning the car back to the car dealership or simply cannot prove that the detected malfunctions are significant, and it is very necessary to return the car, please contact our specialists.

There would be a product, but there will be a reason. Lawyers thoroughly know every nuance of this issue and will provide all possible assistance in solving your problems. Also, when communicating with employees of the dealer company, pay attention to their manner of speaking. They are required to comply with the law on a voluntary basis. And rudeness, rudeness and arrogance are punishable by a ruble in court.

Procedure

To get started, write an application addressed to the head of the car dealership where you bought the car. Bring it to the salon, give it to the manager. At the same time, make sure that an incoming number is assigned to it and the date of acceptance is affixed. With the same manager, discuss the time period during which the problem will be solved and all your requirements will be met (which are within the law, of course). If your application is denied, do not leave the salon until you receive it in writing. This will form the basis for filing a lawsuit.

In your application, you must clearly and in detail describe the problem that has arisen and your proposal for solving it. It is advisable to support each of your requirements with relevant legislative norms, so as not to be unfounded.

Usually, the salon management tries not to bring such conflicts to litigation. They will try to resolve everything peacefully, offering you various options. But most likely, they will consider the solutions that are the least beneficial for you. If you are confident in your position, stay with your opinion to the last. Do not settle for handouts from the dealer.

Remember that with car loans, the salon must cancel the transaction and return the full cost of the car to you, from which you will have already paid off the balance of the debt in the bank. Competent advice from a lawyer will help you quickly and effectively resolve the misunderstanding between you and the salon. Contact experienced lawyers on our website and get a full consultation on all issues of interest to you completely free of charge.

Success depends on how long ago the car was purchased. If problems can be avoided when returning up to 14 days from the date of purchase, then returning the car with a delay is already possible for a good reason (read about whether it is possible to return the car within 14 days or within the warranty period and how to do it).

Usually, periods for returning a car to the salon can be divided into:

14 days;
guarantee period;
post-warranty period until the end of the service life.

within 14 days

If the car owner immediately after the purchase noticed a malfunction in the car, visible defects and incorrect operation of the mechanisms, you should immediately file a written complaint with the salon where the vehicle was purchased.

The dealership must send a written response within three business days. Salon employees in a written response usually try to convince the car owner that they were not involved in the defect. Of course, returning the vehicle to the salon will bring only losses - you will either have to fully compensate for the cost, or replace the vehicle.

If there is no proper response from the dealer, all breakdowns should be recorded and the dispute should be sent to the courts. A weighty argument in favor of the buyer will be the conclusion of an independent expert commission, which will confirm the presence of defects.

During the warranty period

When buying a new car, it is issued warranty card. It indicates the date and amount of the purchase, as well as the timing of the repair of breakdowns.

If, within the period specified in the warranty, the breakdown has not been eliminated, it is necessary to file a claim with the court. It also requires an independent expert assessment. The report will record the breakdown and the amount needed to fix it..

If there is no exchange fund in the salon, the car is simply returned and the full amount is paid to the buyer. Read about the nuances of returning and exchanging a car, if the car was bought in a salon or from hand.

After the warranty period

You can return a damaged car even after the warranty expires. If within 2 years of graduation warranty period the car owner found a defect in the car due to the fault of the manufacturer, you must first contact the manufacturer or an official representative, and then make demands to the dealer.

Practice shows that manufacturers themselves are more likely to take the side of the buyer than car dealerships.

In the event that a direct appeal to the manufacturers was unsuccessful, a statement of claim should be filed with the court.

Due to marriage

If a factory defect is found in the car, the buyer has the right to return it to the dealer within 15 days.

The condition for a return does not have to be some kind of serious breakdown (for example, in the engine). The reason may be a simple malfunction of the windshield wipers.

In addition, a car dealer can offer repair of a defective part or mechanism - and a month later it will fail again. If this situation repeats several times, you need to demand a replacement car.

You can find out whether it is possible to exchange an old or defective car for a new one at a car dealership and how the procedure goes.

Used car

Used cars also come with a warranty card. Therefore, the buyer has the right to demand the elimination of breakdowns in the same way as when buying a new car. The schema is the same here: the salon most often refuses to repair the vehicle therefore, it is necessary to conduct an independent assessment and apply to the court with its results.

How to legally issue a return after purchase?

To receive a cash refund when returning a car to a dealer, follow these steps:

write a complaint to the dealer;
conduct an examination;
submit a claim to the court;
wait for the execution of the court decision.

Read about whether it is possible to return the car after the sale and how to do it, and from you will learn how to legally competently return the car to the seller if former owner- private person.

Filing a claim

It is permissible to make a written claim in any form. The text of the claim must contain the following paragraphs:

the name of the document is the claim;
consumer and dealer data;
date and place of purchase of the car;
brand and license plate;
description of the detected defect;
legislative justification;
consumer requirements.

In a claim, it is important to refer to the "Law on the Protection of Consumer Rights" (Article 18) and the norms of the Civil Code.

Copies of documents confirming the ownership of the car must be attached to the application. A package of documents is sent by registered mail by mail, or brought in person.

Required documents

To return the car you need:

document identifying the person;
sales contract (read about whether it is possible to return the car to the seller under the sales contract and how to do it);
a document in which there is a confirmation of the malfunction of the car;
service book.

Where to apply?

Having collected a complete list of documents, you need to head to the car dealership. If the claims were not satisfied within 10 days, the buyer has the right to go to court.

Passing an examination

When making a claim to the dealer, the client has the right to demand an examination at the expense of the dealership itself. The request must be satisfied within three working days. In the event that a defect was not found during the examination, the client pays for the services of the appraiser.

The examination takes place in several stages.:

inspection (as a rule, it takes place with photo and video recording);
assessment of car breakdowns;
calculation of repair costs;
compilation of a report.

The report indicates all the data of the car, as well as the date and place of the inspection.

The client has the right to request a private independent examination. In this case, he will have to pay for the services of an appraiser on his own.

Drawing up an act

In the case when the court satisfied the plaintiff's requirements and the car dealership is obliged to pay the amount of money for a faulty car, an act of acceptance and transfer is drawn up.

The acceptance certificate is a legal confirmation of the transfer of the vehicle between the owners. The transfer will be declared invalid without this document.

How long does it take to return the money?

After a positive court decision is made, the owner of the car again applies to the dealer company. She must respond to a request for the return of the car within the period established and recorded in the court order.

What to do in case of refusal?

If the car dealership refuses to resolve the problem out of court, you must go to court.

Filing a claim in court

To simplify the situation, it is better to contact a lawyer who will help draw up a statement of claim. It is in free form. The claim must indicate:

date and place of purchase of the car;
all technical data of the vehicle;
reference to the law "On Protection of Consumer Rights" (Article 18);
a list of claims that the dealership did not satisfy.

Must be attached to the application:

claims that were not satisfied by the dealer;
copies of documents confirming the right to own a car;
the results of the examination.

You can apply to the court where you live.

The amount of the state duty:

if the value of the claim is more than 1 million, the state duty for the statement of claim is 13,200 + 0.5% of the amount exceeding 1 million.

Duration of consideration

According to article 154 of the Code of Civil Procedure of the Russian Federation, civil cases must be considered within 2 months from the date of filing the claim.

Execution time for a court decision

According to the Code of Administrative Offenses (Article 31.1), within 10 days, the court decision must be accepted for execution.

Nuances for a car bought on credit

A loan car can also be returned to a car dealership. A car purchased on credit is also collateral. Therefore, the bank, for which the loss of collateral is unprofitable, will connect and take the side of the client. You can return the car to the dealer if a malfunction is detected.

If further payments are not possible, the issue is resolved privately directly with the bank, since the dealer is not to blame for the borrower having financial difficulties.

Prior to the trial, the client sends a claim to the car dealership, and during the trial, the banking organization is involved as a third party.

Before making a decision, it is not necessary to stop loan payments - the bank will cooperate only with a decent client.

Can you return the vehicle to the bank?

No. In fact, the bank needs money, not a car, so it will do its best to help recover losses from the car dealership.

How to return to the salon?

First of all, the client must contact the car dealership and request documentary evidence of the termination of the sale and purchase agreement.

The buyer then goes to the bank. The financial institution is obliged to repay the money paid to repay the debt and the fee for granting the loan. The money paid for the car is usually returned by the salon to the bank on its own..

After the client has made a settlement, you can contact the bank with a request to provide a certificate stating that he has no financial claims against the borrower. The payment of interest on the loan can be legally assigned to the dealer. To do this, you need to go to court with a claim.

The claim includes:

The application, which will be drawn up by lawyers, must be accompanied by documents confirming the malfunction of the car, as well as documents confirming the right to own the car. Besides:

a receipt for sending a copy of the lawsuit to the seller;
a photocopy of the claim sent earlier to the seller with a receipt for dispatch.

The salon must return the money in full, as well as pay the interest paid on the loan by the plaintiff.

What to do if you are refused a vehicle?

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

Attached to the application:

a copy of the DCT;
conclusions of an independent examination;
a receipt for sending a letter to the dealer;
written refusal from the dealer.

The amount of the state duty:

at the price of the claim 200001-1000000 it is equal to 5200 rubles + 1% of the amount exceeding 200 thousand;
if the value of the claim is more than 1 million, the state duty for the statement of claim is 13200 + 0.5% of the amount exceeding 1 million.

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

Returning a car to the salon is a long and difficult process.. But if you approach it competently, you can always win the case, since the courts are largely loyal to buyers of low-quality cars.

When is it possible to return the car to the dealership

The vehicle is included in the list of technically complex goods, and therefore the right to return it, in comparison with other goods, is significantly limited. In accordance with the law, you can return the car to the salon:

in the event that any defects (even minor defects) are found in the vehicle, it can be returned to the store within 15 days from the date of purchase (Article 18);
during the warranty period or expiration date, the car can be returned if significant deficiencies are found (Articles 18-20 of the RFP law), these include those malfunctions that cannot be eliminated (if the warranty or expiration dates are not set, then you can return the car within a reasonable time - within 2 years from the date of transfer of the vehicle to the buyer);
if the deadlines for eliminating deficiencies were violated - during the warranty or expiration date, or within two years from the date of purchase;
if it is impossible to use the vehicle for a year for more than 30 days due to repeated elimination of its shortcomings - during the expiration date or warranty, or within 2 years from the date of purchase, if the expiration date is not established.

Return of a new car within 15 days from the date of purchase

In the event that defects are found in a vehicle purchased with a guarantee, provided that 15 days have not passed since its purchase, the buyer has the right to demand:

reduce the amount of the cost of the car in proportion to the detected shortcomings;
reimbursement of costs incurred by the consumer to eliminate deficiencies or their free elimination by the seller;
replacement of the purchased car with a similar one without defects;
refunds of the value of the car.

Car return within 15 days: highlights

If a defect is found, the consumer writes and hands the seller a claim, and this must be done within 15 days from the moment the car was handed over to the buyer.

Important! In accordance with Article 22 of the Law on the Protection of Consumer Rights, the period for the return of funds to the buyer is 10 days.

The seller practically does not have the opportunity not to fulfill the requirements of the buyer, with the exception of the legal option, when it is proved that there are no defects or they arose through the fault of the buyer. Therefore, before the executor of the consumer's demand for the return of the car, the salon has the right to conduct a quality check or an independent examination of the vehicle, but the buyer has the right to participate in its implementation. In addition, at the time of the examination, the period for the return of funds does not stop. It should be noted that the buyer also has the right to conduct an independent examination on his own, if the seller refuses to pay the money, or he does not agree with the results of the examination conducted by the seller. However, an examination is only the right of the buyer, the obligation to prove the existence of a defect lies with the seller during the entire warranty period. If the seller refuses to pay money or fulfill other requirements of the buyer within the legal return car to the salon, he can apply to the court with a statement of claim for the protection of his rights.

Return of a new car after 15 days from the date of purchase

If a malfunction is detected in the vehicle within a period of more than 15 days from the moment the car was handed over to the buyer, the latter has the right to demand from the seller:

replacing a car with a similar one;
returning the car to the salon and refunding money in the amount of the amount paid when purchasing it.

It should be noted that in order to submit a claim, one condition must be met - a significant defect was found in the car under warranty and / or it took a total of more than one month to eliminate the defects of the car while it was under warranty and / or the deadline was violated repair work under warranty.

Car return later than 15 days: highlights

The buyer, having discovered non-deliveries in the car after 15 days from the date of purchase, must prepare and hand over to the seller a claim with the relevant requirements, in which to indicate significant shortcomings - according to the law, these are fatal shortcomings that cannot be eliminated without disproportionate costs or time, or which were identified repeatedly, including reappearing after their elimination. As in the case of returning the purchased car within 15 days, if the action is later, both the seller and the buyer have the right to conduct examinations in order to identify the causes of the defect in the car. At the same time, the period of 10 days for a refund for the seller does not stop. If the seller refuses to pay money or fulfill other requirements of the buyer as part of the legal return of the car to the salon, the latter may apply to the court with a statement of claim to protect his rights.

Important! During the period of the transfer of the claim and other legal relations with the car dealership, the consumer is recommended to keep all documents. It is better to hand over the claim personally with receipt of a mark of delivery or send it by mail with an inventory and notification of receipt. All this will allow the consumer to subsequently confirm in court the fact of the timely presentation of a claim to the seller.

Claim for a refund of goods of inadequate quality

A lawsuit is the beginning of any lawsuit in a civil case, and the situation when returning funds for a faulty car in court is no exception. Writing features are regulated by articles 131-132 of the Code of Civil Procedure of the Russian Federation. A claim for a refund for a defective product must be drawn up in accordance with the requirements of the law, it must contain the data of the plaintiff and the defendant, the content of the claim indicating all the information relevant to the case, references to regulations and clear requirements of the seller. The application is accompanied by the necessary documents, including an act of an independent examination, if any, and a claim for goods of inadequate quality, which confirms the pre-trial appeal of the buyer to the seller for a refund. The consumer's statement of claim about a low-quality product is sent to the court according to the jurisdiction established by the Civil Procedure Code of the Russian Federation and the Law on RFP, so a claim can be filed at the choice of the plaintiff:

at the place of residence of the plaintiff;
at the defendant's address;
at the place of conclusion of the contract for the sale of goods.

An application to the court for the return of funds for a sold defective car, as a rule, is filed with a court of general jurisdiction, since the price of a claim is always higher than that established for cases under the jurisdiction of justices of the peace. In court, the plaintiff can file a claim not only for the return of the amount paid for goods of inadequate quality, but also for the recovery of a penalty that arose as a result of the seller’s delay in fulfilling legal requirements, as well as compensation for moral damage. The total period for consideration of a claim for the return of funds is two months from the date the court accepted the claim for proceedings.

Sergei

Hello, I bought an Acura car, during operation for 2 years they replaced more than 500 tons of parts under warranty, including steering gears, repair terms from 25 days, eliminated noise in the engine for 78 days by replacing various parts, the period the car was at the dealer when I couldn’t use it for 36 and 32 days, a repeated breakdown of the steering mechanism and battery was revealed, the dealer refused to change it under warranty, I did a forensic examination, I filed a lawsuit, they appointed a forensic examination in the organization that the defendant asked to conduct, the experts answered that this was an operational defect and the fact that I operated the car carefully and accurately. the main point after the decision was made on the appointment of an examination, a month later I got into an accident, but the other side of the car was damaged in it and only the tin, those parts according to which the requirements were not affected. I repaired the car before the examination. the expert did not even notice traces of an accident. I didn’t report the accident to the court because I thought that it had nothing to do with my requirements. as a result, a year later, when the court appointed another additional examination according to my requirements. the defendant at the last meeting stated that I had an accident during the trial and I allegedly hid this information. although it was half a year after I made demands and the trial began. In the end, I was denied by the court in full volume. a review of the examination was submitted to the court, it was proved that the expert did the examination without having the appropriate certificate, we were not informed where and who the examination took place and we were not present at it, although they produced a destructive method for the steering mechanism. I was also not returned the examined parts of my car. Some requests were not answered at all. filed a petition for a re-examination and raised an additional question whether the defects in the car were related to an accident that occurred 6 months after my claims. I also note that the dealer confirmed all the defects when I applied, but refused to change it under warranty. I’m sure they put the old one on me, so it failed for the second time a month later, we requested a certificate, the defendant could not provide it, and also did not comply with the court’s ruling on providing information on the certification issue date, etc. Can you tell me if there is an appeal? I understand the judge connected everything with an accident.

Awaiting verification

yuri

Hello! In 2018, we bought a car Yagur E Raes. In the course of almost a year of operation, we have contacted the dealership about the failure of the webasta in the cold season. Can this action be attributed to significant malfunctions. Thanks

Sergey (senior lawyer)

Hello Yuri! Of course. In accordance with Art. 18 of the Consumer Rights Protection Law, a significant defect of a product is such a defect, which, among other things, is expressed in the repeated breakdown of the same unit during the year.

Marat

Hello. I bought a new car in December 2018. At the end of September 2019, the electromechanical service brake was blocked. Towed away on a tow truck to an authorized dealer. They said the ABS control unit burned out and wait for spare parts for 3-4 weeks. Can I return the car to the salon or change it.

Sergey (senior lawyer)

Hello! No, you can't yet. This shortcoming is not fatal, it appeared for the first time. Now, if the problem recurs with a new ABS unit or the car will be under repair for more than the period required by law, then you have the right to return the car.

Alexander

Hello! I bought it in 2016 from a dealer new car with 5 years warranty. In 2019, the car was at warranty repair 7 days (repainted doors due to paint swelling). In the same year, the steering column was repaired under warranty (repair for the dealer cost 100 thousand rubles). After 20 days, there was a second appeal about the failure of the same steering column. The dealer took the car for repair before an indefinite period. All work was carried out only at an authorized dealer, but not from the one from whom the car was bought. Can I demand an exchange of a car for a new one of the same model and configuration and from which dealer from whom the car was bought or from which the repair took place?

Sergey (senior lawyer)

Hello, Alexander! Your legal claims under Art. 18 of the consumer protection law can only be brought against the seller, that is, the dealer from whom the car was purchased.

Elena

Hello! I bought a car at a car dealership in May 2019, after a few days I couldn’t drive away from home, the gear change trotter failed, they did it under warranty, another month passed, the icon caught fire as the motor arrived at the service, they said no quality gasoline they threw off the badge and said to refuel only in expensive gas stations, and did so, drove this car south on the road, the same badge caught fire, drove the car to the dealer’s service along the way, they said that the catalyst had failed and had something to do with it for a long time. A new car and every time can i return something this car to the salon, the car was bought on credit

Sergey (senior lawyer)

Hello, Elena! Sure you can. Since the product is technically complex and the same problem has appeared repeatedly, on the basis of Art. 18 of the Consumer Protection Act, you are entitled to a refund.

Dmitry

Bought new car, a month later I got into an accident through no fault of my own, the car was sent for repair to an off-site dealer for hull repair, by forgiveness for 3 months no repairs are made, there are no spare parts. Can I expect to return the car to the dealer or replace it with the same

Sergey (senior lawyer)

Hello Dmitry! There are no grounds for returning the car, as the conditions stipulated by the legislation on consumer protection have not been met. All your claims must be addressed to the insurance company. If you agree with the dealer, then he can accept your wrecked car by trade-in with your surcharge for a new car.

Eugene

On December 18, 2007, at Meridian-Avto LLC, I purchased a Hyundai Porter car model 2834T9 VIN- XU42834T970000087. Chassis- X7MXKN7MO18543. Engine- D4BF7494607. 2007. This car has been in my ownership since this period, the car has not been alienated and sold by me. I decided to sell this car, when trying to make a sale, it turned out that according to the traffic police database with this VIN number, but with other body and chassis numbers, there is another car that has repeatedly changed its owner. I made inquiries to the seller, the tax authority, wrote a statement to the Karasunsky District Police Department Department of the Ministry of Internal Affairs for the city of Krasnodar to carry out the facts of changes in numbered units, the Traffic Police Department of the Main Directorate of the Ministry of Internal Affairs of Russia for the Krasnodar Territory, the Traffic Police Department of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow. The seller Meridian-Avto LLC reported that when selling the car, there were no encumbrances on the car, including there was no information about the double car, which is confirmed by the state registration of the car with the traffic police in Krasnodar. from which this car, according to the traffic police database, was deregistered on 06/10/2011 by the Department of the Ministry of Internal Affairs of Russia for the city of Krasnodar on 01/21/2019. 1.VIN-XU42834T970000087 Vehicle identification number HUNDAI 2834T9 with state plates registration plate X801NU93, which is submitted for examination based on the materials of KUSP-60243 dated 11/06/2018, is applied on the cab panels and on a duplicate metal plate in accordance with the technology of the specialized assembly plant AvtoMash LLC, has not been changed, rebuilt, destroyed and is original. Department of the traffic police of the Main Directorate of the Ministry of Internal Affairs of Russia for the Krasnodar Territory, dated February 25, 2019. An answer was given to the appeal that, as of February 21, 2019. vehicle 2834Т9 VIN XU42834T970000087, belongs to you since 12/21/2007. to the present time, we additionally inform that registration actions with a similar vehicle were carried out in the 3rd department of the MOTOTRER GIBDD ATC for the North-East Administrative District of Moscow, in connection with which we recommend that you contact the UGIBDD of the State Directorate of Russia for Moscow for any questions you are interested in. Office of the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow from. 04/02/2019 An answer was given to the appeal that, according to the information of the Federal Information System of the State Traffic Inspectorate of the Ministry of Internal Affairs of the Russian Federation,1 a vehicle with the same identification number (VIN) ХU42834Т970000087 was registered on June 27, 2007 by the State Traffic Inspectorate of the Kirov Region on the basis of a vehicle passport issued by AVTOMASH LLC. Thus, the FIS STSI-M contains information about two vehicles with the same identification numbers (VIN) ХU42834Т970000087. Since the documents that served as the basis for the registration actions were destroyed by the storage period (5 years), in order to obtain information about these vehicles on March 11, 2019, the State traffic inspectorate of the city of Moscow sent a request to the manufacturer of vehicles OOO AVTOMASH, but so far there has been no response received. Upon receipt of a response to our request from AVTOMASH LLC, the State traffic inspectorate of the city of Moscow will notify you in the prescribed manner. In the public traffic police database on the site https://traffic police.rf/, information about my car and its owners is as follows: Make, model: 2834Т9 Year of manufacture: 2007 VIN: ХU42834Т970000087 Body: ХU42834Т970000087 Chassis: 018543 Color: WHITE Displacement (cm³ ): 2476.0 Power (kW/hp): 58.8/80 Type: Trucks Vehicle ownership periods from 27.06.2007 to 21.12.2007: Individual from 21.12.2007 to 24.04.2009: Individual from 24.04.2009 to 22.03.2011: Individual from 10.06.2011 to 08.02.2019: Individual 02/08/2019 to present: Individual What does not correspond to the entry in the TCP. Can I file a claim for termination of the contract of sale? I can’t sell the car, because when checking the traffic police database, buyers see discrepancies in the records with the TCP and, accordingly, do not want to buy a car. And another question, do I need to file an application with the Prosecutor's Office?

Sergey (senior lawyer)

Hello Eugene! In your situation, all the statute of limitations has already passed (the maximum period is 10 years), therefore, of course, you can file a claim for termination of the contract, but the court will most likely reject it. Moreover, it is possible that there is no one to file a lawsuit against, since the organization that sold you the car has already been liquidated.

Elena

I bought a car in December 2018... and three months later it just wouldn't start. They evacuated it to the dealer service, they said that the automatic transmission control unit was damaged due to the lack of a plug for the service hole in the front fender liner. That this is not a warranty case, that I am to blame! The car will repeat 3 months, as it left the dealership. Not only did they refuse warranty repairs, they demanded to take the car away from the dealership. And plus pay for the diagnostics carried out by them. After such an attitude, I want to return the car in general! Is it possible to do this... yes, the machine is under warranty

Sergey (senior lawyer)

Hello, Elena! You do not yet have a legal right to return the money, since in accordance with Art. 18 of the law on consumer protection, this is allowed only if a significant defect in the product is identified, as well as under other circumstances that are not related to your situation. Therefore, you had to have the car repaired under warranty. If they refuse, then write a claim, and then go to court. If you are ready to sue, then leave your coordinates for feedback.

Dmitry

Hello, I bought a car in August 2018, in March the working stroke of the clutch disappeared, I came to the service, everything changed, after a while the situation repeated itself, I was in the service 3 times, but they say that everything is in order, can I count on a refund or an exchange new car?

Sergey (senior lawyer)

Hello Dmitry! The defect you found in the car is significant, as it is repeated many times. Therefore, on the basis of Art. 18 of the Law on the Protection of Consumer Rights You have the right to demand the return of the amount paid for the car or the exchange of the car for another car.

Sergei

Bought a car with mileage in the salon of Moscow, before reaching the Crimea, the engine failed; a serious breakdown; Repaired for a hundred Kerch; a week later, the engine rattled; or a hundred for poor-quality diagnostics and repair of a car engine resulting in a more expensive ICE repair

Sergey (senior lawyer)

Hello Sergey! If you can prove that the dealership was aware of technical problem engine, then the claim must be submitted to the car dealership. And a claim to a car service must be filed if there is fault in their actions, which directly led to a repeated engine breakdown. It is necessary to look in detail at the circumstances of the case, the terms of the concluded contracts, etc. But you can't do without autotechnical expertise.

Arsen

We bought a car, a week later they came to register it - and here there are restrictions on registration actions on it! To the old master! How to be? Can I return the car based on this?

Sergey (senior lawyer)

Hello! Theoretically, it is possible, provided that the owner did not report this, and you took all possible steps to check the car for legal purity. It will also be necessary to prove that the old owner knew about the existence of such restrictions.

Alexey

Peugeot car purchased in August 2017 during operation, a factory defect in the paintwork of 4 doors, hood and trunk was discovered (in the form of internal corrosion behind the rolled body elements). I can assume that this defect is unremovable. in the conditions of OD during the repair it is not possible to comply with the factory painting conditions. In this case, 6 body elements need to be replaced. Can I claim a replacement or refund under the terms of the warranty?

Sergey (senior lawyer)

Hello Alexey! In this situation, you can demand a replacement car or a refund only if the defect is significant. Corrosion of the elements cannot be considered a significant defect, at least until the dealer has eliminated these defects under warranty. Therefore, in this situation, you can only demand the elimination of the defect under the guarantee.

Vladimir

Hello. Bought the car in June 2018. For the past 11 times, one day for 50 days, I come to the dealer to repair the circular parking sensors. No results. Can I count on a refund or a car or a replacement car? What to do for this?

Sergey (senior lawyer)

Hello Vladimir! This shortcoming, in accordance with the requirements of the legislation, is significant, since it was not eliminated for the first time. Therefore, on the basis of Art. 18 of the consumer protection law, you have the right to return the goods to the seller and demand a refund. First you need to write a written complaint to the car dealership.

Maksim

a new car was bought, it started to rain, water went into the cabin through the rubber band of the glass. 13 days have passed since the purchase, is it possible to return the car to the salon?

Sergey (senior lawyer)

Hello Maxim! In accordance with Art. 18 of the Consumer Protection Act, you have the right to return the car and demand a refund of the money paid. You also have the right to demand to exchange the car for the same model or for another model with the corresponding recalculation of the price.

Ainur

Hello, I bought a new one. cargo gazelle, redone, ordered alterations from a car dealership, mileage at the moment is 25,000, has already changed the clutch, not under warranty, since the factory said that this was not a warranty case, the cardan literally fell off, the bolts of the cardan clamp were unscrewed, the gearbox was in oil leaks, a hundred dealers reported that this is normal, the door locks are not working, the water supply pipes for the wipers constantly fly out, the left front pillar needs to be replaced, fluid has leaked out, are these faults for returning the car to the car dealership?

Sergey (senior lawyer)

Hello! You can return the car to the salon in two cases: a significant malfunction or the car being under warranty repair for more than 30 days per calendar year. A significant deficiency is considered to be an unrecoverable deficiency, a deficiency that requires a lot of time and money to eliminate, or a deficiency that is detected repeatedly.

The buyer of the car and its seller - working as official dealer or another business entity that sells cars, conclude a contract for the sale of a car, which can be canceled in cases provided for by law. That is - the buyer has a legal opportunity to return the car to the dealership. Consider under what conditions he can do this.

Is it possible and how to return a new one, warranty car to a car dealership? Let's consider this question sequentially. The first nuance that interests us is the legitimacy of such a return.

A car is by all indications an unusual commodity, however, it is subject to classification according to general rules established by federal law. Thus, the Decree of the Government of Russia dated November 10, 2011 No. 924 classifies cars as technically complex goods. Their specificity is that they are not subject to unconditional return within the period established by law - as is the case with many household items that are not technically complex.

Cars as technically sophisticated goods are subject to return - within the current warranty period, in accordance with the following two main scenarios:

When no more than 15 days have passed since the purchase.

In this case, a return is possible if the car has defects that are not specified by the seller at the conclusion of the contract.

When more than 15 days have passed since the purchase.

In this case, a refund is possible:

upon detection of significant shortcomings in the vehicle;
if the car dealer undertook to eliminate the shortcomings, but violated the deadlines for their elimination established by law;
if the car dealer took the car in for repair and at the same time kept it there for 30 days or more during the year.

If more than 15 days have passed since the purchase of the car, and the defect that it has, by all indications, is not significant, then the buyer has the right to demand from the seller - if he did not say anything at the stage of concluding the contract about the presence of a subsequently discovered defect:

proportionally reduce the price of the car;
fix deficiencies free of charge;
reimburse the buyer for the cost of repairing the machine.

Thus, you can return the car to the car dealership under warranty without any problems if the return is carried out according to the first scenario - within 15 days after the purchase of the car. The main condition is the presence of any flaws in its design. It doesn't matter if they are significant or not.

In turn, identifying significant shortcomings as a condition for returning under the second scenario is a more difficult task. Also, certain nuances may have the establishment of the term for the car to be repaired - another possible criterion, subject to which the law allows the return of the car to the dealer.

What disadvantage is considered significant?

The basic definition of a significant defect in a technically complex product is given in federal law. Such a defect is a breakdown, defect or other violation of the integrity of the design of the goods, which:

cannot be eliminated without incurring costs and time expenditures that do not make economic sense;
appear multiple times;
appear after elimination once;
correspond to a serious damage on the merits.

In most cases, an examination is appointed to establish the fact of the materiality of the deficiency. At the same time, its main purpose is not even to classify the defect (in many cases its significance is simply obvious), but to establish that the defect appeared due to the fault of the seller or manufacturer, and not the car owner.

In accordance with the law, the examination within the framework of the guarantee is free of charge for the car owner. In addition, he may be present at the event. The results of the examination in any case are contestable in court. If the examination shows that the buyer is to blame for the appearance of defects, then he will be obliged to compensate the cost of this examination.

Another controversial criterion is the determination of the term for the car to be repaired. If it exceeded 30 days during the year, then the buyer has the right to demand a refund for the car from the salon.

As court practice shows, in this period, car dealers tend not to include periods of transporting the car to the place of repair (and other periods that are not directly related to direct repair operations - for example, the time the car was in the queue for diagnostics). The Supreme Court in its rulings considers such actions of car dealerships unreasonable.

Thus, the indicated 30 days should include the entire period from the moment the owner handed over the car to the salon for repairs and until the moment he received the car back. It does not matter what kind of operations were carried out with the car during this period.

Let us now consider what actions the car owner needs to take to return a low-quality car to the salon.

How to take a car to a car dealership: procedure

To return the car to the car dealership under warranty - in the presence of the grounds discussed above, the car owner must:

Make a written claim to the car dealership with justification of intentions to return the car.
In the absence of a response to the claim, request written explanations on the current situation.
If there is no response to requests, as well as if the content of the answers is unsatisfactory, initiate an examination.
Repeat the appeal to the car dealership with copies of the results of the examination - perhaps they will become an additional argument in stimulating the seller to do something.
If there is no response to a new claim with the results of the examination or if the content of the answer is unsatisfactory, initiate an appeal to the court.

A claim is filed against the car dealer, supplemented necessary documents. The court will consider the results of the examination and other arguments of the parties. The main condition for winning the case for the car owner is the validity and consistency of proving their own claims to the car dealership.