In what cases can you return the dealer a defective car? Explaining the Supreme Court. The car is under warranty: can I return it to the car dealership to return the new car to the salon dealer
When you buy a car, you are sure that you understand what you give your money. However, the troubles that may disappoint you in our purchase. Often, various defects or marriages make money for repair, which you did not count. How to enroll in such cases? How to return money for the car in which you are disappointed? Read more about it.
The legislator provided such cases and therefore approved the law protecting the rights of consumers. In one of the articles of this law, it is indicated that the goods, and in our case - the car can be returned within two weeks from the date of purchase. In the event of a return of a car, it is possible to request a full refund of the cash paid for the car, or replace the same brand or model to another vehicle with the same value.
There is such a thing as late refund. It implies the return of the car to the dealer in a period exceeding 14 days. The only basis for late return is a significant drawback of the car.
Significant disadvantages are such defects that cannot be eliminated, or considerable money will be required to eliminate them. To establish the fact of the availability of a significant disadvantage of the car in specialized car services.
Return money for the car bought in the showroom
Law RF dated 07.02.1992 N 2300-1 (Ed. dated April 18, 2018) "On the protection of consumer rights", acting both in Moscow and throughout the Russian Federation, guarantees the buyer the opportunity to return the goods to the seller in a 14-year term. However, in the case of a car, the car owner after buying a car in the car dealership, it is necessary to carry out a technical inspection to detect possible malfunctions. If those. The survey did not have a two-week period, and a significant drawback was not found, then the return on the return of money will be guaranteed to be rejected. The trial on this occasion will also end, most likely, failure.
So, if you wish, return the car back to the car dealership and get your money, you need to consider several factors:
- Defective defects should be present in the technical part of the car that affect its performance. Moreover, these defects should be discovered on a period of 14 days from the date of purchase of a car.
- The car has significant disadvantages, the warranty period has not expired.
It should be known that the auto show has the right to nominate its experts to determine whether the defects are the consequence of the buyer's actions.
How to get money for a warranty car
The car, like any product, has its own warranty period set by a dealer during the sale. Typically, this period is from one to three years. During this period, the dealer is obliged to carry out free repair if necessary, eliminate car malfunctions or replace the details of improper quality.
Any warranty repair work should be carried out strictly on the maintenance stations installed by the dealer. Although this binding to specific stations is not required, many dealers establish their regulations on the maintenance of the vehicle.
However, to return the car under warranty and get money for it is possible only if the auto owner presented a requirement to troubleshoot the car dealer, however, this request was ignored for twenty calendar days. After the expiration of 20 days, the owner of the car has the right to return the car and request his means back.
How to return the car to the car dealership if it was bought on credit
The Treaty on the sale of the vehicle on credit involves the possibility of its termination with the subsequent return of funds to the buyer, and with the transfer of the car back to the car dealership, but in practice this happens quite rarely. How does the return occurs if the car is bought on credit?
First you should contact a car dealership directly. There you will receive a form for a complaint in which you must specify everything that you are not satisfied with the purchased car. After filling out the complaint, make sure that I put my signature and the date of filling the representative from the car dealership - this will fix the fact of your appeal.
The next step will be waiting for an answer from the car dealership. If the leadership of the car dealership recognizes your complaint and agree to meet you, then you can:
- Get all the paid amount per car at the moment;
- Exchange car for a similar or similar model.
If the guide refused to you last, then nothing remains except to apply to the court. In addition, one thing, if you just want to return the car purchased on credit, but completely different - if you want to return interest paid by the banking organization for the credit itself. In this case, you will have to additionally contact the banking institution itself for the return of funds paid on the loan. And there is a similar situation: if the bank agrees to return the money - well, if not, go to court.
Is it possible to return money for the car bought from a private person
If you looked at the car from a private person, agreed to buy and sell, issued a contract, but later we decided to return the goods to the seller, then the reason why you want to return the car will affect the return of money. For example, if you broke out the design of the car, comfort when driving and so on, but there are no errors from the technical part of the car, then for you only bad news. The seller sold you product of the appropriate quality, and any subjective discontent on your part it has the full right to ignore. However, that if your desire to return money for the car is justified by the technical component of the car, if you have found defects that clearly affect the performance of the vehicle. Such conflicts can be solved mainly, three ways:
- Personally agree with the seller about returning the car. If he agrees, the problem is solved.
- Consider the seller financially compensate the car defects at his expense. In this case, the seller will rather refuse.
- In the event that the seller refused to return the car and clearly hints at the absence of defects at the time of sale, it is necessary to contact the courts.
The procedure for the return of money for the car, bought from hand to the contract of sale, through court
If it came to court, then without obstacles do not do: be prepared for long proceedings in which you can, and at all, lose. However, if there is no other option, then the statement of claim should be issued, after contacting the specialists. After that, you need to find evidence that you purchased a car already in knowingly poor condition, but did not know about it.
When you get a car from individuals, then at the time of the transfer of the car in your hands, lock the condition of the car on the camera or mobile phone. If in the future you will fall into the situation described above, it can be your decisive evidence.
Problems may occur if you indicated the absence of claims to the state of the car at the time of purchase. This means "purity" of transactions from the legal side. In this case, you will have to refer to independent experts for conducting an examination, the task of which is to establish the actual causes and date for the occurrence of the car.
Although the return of money through the court is a rather labor-intensive and cost-effective process, in case you have won the case, then besides receiving money, you also have the right to request:
- Moral damage compensation;
- Compensation of court proceedings, i.e. The seller will be obliged to cover your expenses for lawyers, to conduct an examination and so on.
- Appointment of a fine to a quantity of up to 50 percent. However, this is possible and practiced in cases where during the trial it turned out that the seller deliberately pasted the defect of the car and consciously sold you a faulty product.
Buying a new or used car can be an unpleasant process if the car does not benefit, but will become a bottomless well to which money needs to be inserted to correct its flaws.
To secure the buyer from such risks, a car sharing right is established in some cases:
- detection of deficiencies that were not named by the Seller during the sale or significant drawbacks (on the latter, let's say below);
- refusal to repair warranty;
- disturbance, which is established by law to eliminate deficiencies (45 days);
- the impossibility of using the car is more than 30 days due to the repair.
Each of them has its own characteristics about which we will talk next.
Questions regarding the return of any product, including the car, are established by the Law of the Russian Federation of 07.02.1992 N 2300-1 "On Consumer Protection" (hereinafter - the law). However, given the peculiarities of the machine, the Decree of the Government of the Russian Federation of 10.11.2011 N 924 "On approval of a list of technically complex goods" they are classified as complex.
Such regulation allows you to provide additional protection compared to the generally installed rules, but also creates a number of difficulties, this should be taken into account, since the general rules do not apply in this case.
To answer the question - is it possible to return the car to the car dealership?, We will analyze individual cases.
Returning car inadequate quality
If, after buying a car and use it, you could understand that it does not meet the necessary quality criteria, then, in accordance with the law, there is an opportunity to return the car into a car dealership and get the amount back-paid for it.
Remember that most problems can be avoided by using. This will allow you to take a closer look at him, appreciate its pros and cons not only from an external point of view, but also from the point of its consumer qualities.
Miscardment for return
Article 18 of the Law "On Consumer Rights Protection" (hereinafter - the law) establishes a period of 15 days for cars, when it can be returned and getting his money, as well as replace the serviceable model with a possible recalculation of prices.
During this period, any defect is taken into account, which you have not been known when issuing a contract, be it clear scratches, chips and damage, refusal of electronics or individual mechanisms.
The beginning of the flow of this period is the next day after receiving the car to use.
This period does not apply if desired to exchange a high-quality car without flaws, in accordance with the requirements of Art. 25 law.
Some car dealerships and automotive manufacturers recognize that the failure of the exchange creates a bad situation for the dealer and the buyer, affects the reputation, and therefore, in some cases, even without detection of deficiencies during this period you can exchange a car. Everything will depend on the trading policy of a particular car dealership.
Return during the warranty
The warranty is the responsibility of the seller to repair the detected car defects during a fixed period of time. Nevertheless, the complexity of the car as a product does not allow the owner to apply for repair under warranty for any reason, but requires strict compliance with the agreement signed when buying a car.
The market presents two types of guarantees of the European and Asian sample.
The first put the possibility of warranty maintenance only on the time of the car use, setting a fixed time period, on average 2 years, during which you can refer to the dealer with the requirement of warranty repair.
The Asian warranty, in turn, offers an additional option in the form of a run, which also allows you to increase the time period of warranty up to 3 years, however, negatively affects those car enthusiasts who like to travel or use their car to the maximum.
In Russia, taking into account its territorial features, the Asian type of warranty became more common, and thus in most cases you will be faced with the fact that the warranty on the manufacturer's new car lasts at least three years or 100,000 km of run. When one of the thresholds occurs, the warranty is stopped.
Various assertions of manufacturers and sellers that the warranty will be 5 years old or more are promotional campaigns that have a huge number of reservations that in reality practically does not provide opportunities to use these expanded terms when the car returns to the warranty dealership.
Used dealers sold cars are usually supplied with a three-month warranty or a mileage of 5,000 km.
It should be immediately noted that in any case, the warranty does not apply to cases of damage from the accident or incorrect use, as well as on details susceptible to wear, such as tires and brake pads, as well as conventional oil replacement services and maintenance.
You have the right to maintain your car like a dealer who has bought it and in any repair workshop or service. But to keep the manufacturer's warranty, the service center you have chosen must use original parts, otherwise the warranty will be terminated.
In some cases, in accordance with the contract, the service must be carried out only in the representative offices of your automaker, so make sure you carefully read the warranty conditions before returning the car to the warranty car dealership, serving the car in third-party organizations.
The time that the car was on warranty service is added by the warranty period.
In accordance with the law, after the previously reviewed 15 day term, it is possible to require the return or exchange of a car in the following cases:
- the presence of a car of disadvantages that cannot be eliminated, their repair is incomprehensible at cost and time costs, or they are manifested repeatedly after repair;
- violation of the established legislative timelines for repair;
- finding a car for repair for more than 30 days, which made it impossible to use it.
It should be remembered that if defects have manifested themselves due to improper operation, or the accident, they are not a warranty case and repair is subject to payment.
Out of Warranty
Actual judicial practice has examples when even after the warranty period is expired, car owners received compensation for disadvantages found in their car, since in addition to this period, the manufacturer must also establish life.
In some cases, it is equal to a warranty period and this is not a violation, but most of the manufacturers are oriented by 6 years or 150,000 km, and some 8 years or more, in this case they are solely their desire.
You can find this period in the documentation attached to the car. If such a period was not installed, then as a general rule it is 10 years. It should be borne in mind that in addition to the time interval, it can be installed as a run, as in the case of a guarantee.
During this period, it will be possible to return the car only in the presence of significant flaws and the obligation to proof these circumstances will lie on you.
In most cases, sellers and manufacturers do not seek to go to court during the warranty period and voluntarily eliminate the shortcomings, however, after a completely different story begins.
When the car is in repair more than 30 days a year
At first glance it may seem that there is a contradiction with a period of 45 days, which is installed for the total car repair time, however, this case involves the detection of several drawbacks that the repair required.
That is, even if the first repair lasted more than 30 days, but within 45, and was completed, you will not have the grounds to contact the seller on this basis.
The key for this reason is the word "repeatedly", which within the framework of the law implies the need for at least two completed repairs and identifying the shortcomings, the latter can be both alone and the same and different.
At the same time, the cumulative repair time is calculated from the moment the buyer's appeal to the seller and until the maintenance of a good car is received back for each case.
Instructions for returning a car
The first stage will be the appeal to the car dealership or to the dealer, who has been purchased describing the problems detected and indicating one of the possible requirements.
It should be noted that in some cases it may be denied the reception, indicating the need to contact the legal address of the organization and from the point of view of the current law is a fair requirement.
This can be done both by visiting the legal address, and by writing the letter.
Within the framework of the first way, it is necessary to prepare two relevant statements, one of which will be transferred to the seller, and on the second they will put a mark on adoption and it will remain with you.
The second method is considered more reliable, albeit more long, because the seller may simply refuse to accept your statement. To do this, you need to send a custom letter to a receipt notice to receive a notification, it must be kept as proof of access to the seller.
List of necessary documents
In the application you send the seller, you must specify the basic data as the purchase time, car model, the number of the contract, the requirement and its foundation, the current location of the car, if it is not possible to deliver it to the salon (it is not on the go, etc.)
To return or exchange the car you purchased, you must have documents:
- contract;
- receipt or other payment document;
- act of acceptance cars;
- machine passport;
- registration data;
- documents confirming the fact of repair or refusal of warranty service;
Other documents that confirm your requirements for the need to refund or exchange a car can be attached.
What can be demanded from the car dealership?
The basic requirements for which you can count when contacting the salon is:
- exchange;
- return;
- reducing value;
- repairs;
It should be noted that it is possible to present the above requirements for the supported cars during the service life, if there are essential defects, but, in most cases, this requirement should be addressed to the manufacturer, and not a car dealership.
If it is a car dealership of a specific manufacturer, then such a return can be issued through it.
Features of cash payments
In accordance with the law made payments must be returned within 10 days from the date of receipt of your appeal, the violation of these terms allows you to require compensation for each day of delay.
The nature of payments depends on how it was produced, with cash calculation, the cash returns, when paying on the map, respectively, on the card on which the purchase was carried out.
If the purchase was carried out on credit, then payments made on it.
If the car has become cheaper
In the case of a decline in the price of the car (which happens very rarely) during the past after the purchase, the buyer in any case has the right to the amount that was introduced when purchasing.
Do not agree to the seller's proposals to get a smaller amount, even if it threatens to deny the return and send you to court. The law is on your side.
If the car has riseline
In cases where cars are becoming more expensive, you will be paid the difference between the initial and current price. To do this, it is necessary to draw the seller's attention not to change the price and require the recalculation of the cost with their accounting.
Poor-quality car loan
If the purchase was carried out on credit, then payments made on it and interest.
If the payment was made partially from the available funds, partially at the expense of the loan, then, accordingly, you get the contributed part, and the bank returns credit, after which the loan is closed.
Nevertheless, if everything went to the trial, it is recommended to continue to pay a loan in order not to receive fines for non-fulfillment of the Bank by the Bank.
What if the dealership refuses to return funds?
In cases where the dealer refuses to recognize your requirements, the only way is to appeal to court.
To do this, it is necessary to prepare a statement of claim, where to specify your contact details and seller data, indicate all the circumstances of the purchase and detection of flaws.
All copies of the previously specified documents are applied to the application.
Features of the trial
According to the legislation, it is not necessary to invoke the seller, observing the complaint procedure, however, it is necessary to understand that the trials in Russia - a costly costly, and sellers in most cases go to the meeting, so as not to receive negative feedback and not lose reputation.
It should be understood that in most cases the judges do not have special knowledge regarding the technical device of the car and its operation, in view of which it is necessary to carefully prepare the evidence that you will refer to and make them the most understandable to the subject of a person.
To do this, it is recommended to use the images and schemes of the car with the designation of places and nodes in which the disadvantages are detected, with a demonstration of how they affect the operation of the car, whether their replacement is possible, and it is desirable to bring the overall level of prices for such parts and their replacement in local car dealers.
In case of recognition by the court by the case, you can get compensation for court costs, in view of which, if you are not sure that you can submit our own interests in court, you can refer to lawyers for advice, preparation of documents and representation.
In addition to the cost of a car, it is possible to declare the requirement of penalty and moral damage, the amount, although not large, but allow you to cover some of the inconvenience caused by all these proceedings.
Examination of car deficiencies
In the event of disagreement of the dealer with your arguments, the court may be appointed an examination, which is carried out by an independent specialist. It makes a car inspection and prepares its conclusion in which it should conclude whether or the absence of a malfunction and specify the possibility of eliminating it.
If you have reasonable suspicions in the absence of the expert needed knowledge or its dependence on the seller, it is necessary to draw the attention of the court to this and submit evidence. If the expert establishes that the car is in charge or lack insignificant, then you will be charged with the responsibility of compensation of court costs and including the cost of paying the work of the expert.
Conclusion
Thus, to get a refund for the car for the car, if there are certain defects and disadvantages, it is quite realistic, the main thing is to remember about the deadlines established by law, carefully refers to the purchase and seller's choice.
In the metropolis, it is not without a car without a car, someone strives for speed and wants to have time everywhere, for someone it is a question of prestige, the third needs comfort and comfort. Buying a car is a long-term and expensive acquisition. We choose a brand for a long time, a model, we combine car dealerships and official dealers, we read the Internet, we consult with the connoisseurs and often place a loan. Therefore, it is extremely unpleasant when the quality of the new car does not correspond to reality. At the same time, the car dealers often do not rush to eliminate the identified disadvantages, and sometimes it is impossible.
Under certain circumstances and conditions, you can return the car to the salon and require compensation in the monetary form of all costs associated with the acquisition and operation of the car or exchange a poor-quality machine for a new one according to the law "On Consumer Protection".
Under what conditions you can return money for a purchased car.
In accordance with the law on the protection of consumer rights in identifying deficiencies, if they are not specified in the contract, within 14 days from the date of receipt of the car (and not sales), following the day of transfer of the vehicle. You have the right to return a new car into a car dealership and demand a refund. In addition, you have the right to demand the exchange for a similar car, but serviceable. You have the right to replace it on another car with recalculation of value. At the same time, the malfunction can be very insignificant, for example, the wiper does not work.
After 15 days after the purchase (two weeks), these requirements are subject to satisfaction during the warranty period in one of the following cases:
Significant disadvantages of cars in which you can return the warranty car to the dealer.
In accordance with the law "On Consumer Protection", substantial disadvantages include unreasonable disadvantages or disadvantages that cannot be eliminated without disproportionate costs or time spending, or are revealed repeatedly, or again after their elimination, or other similar shortcomings. In other words, if in your car, the same drawback is repeatedly manifested after repair or in the car there are constantly breakdowns of different aggregates, you can return a poor-quality car to the seller.
If your machine is on the warranty repair for a long time you have the right to return the car to the car dealer.
If your car is revealed, for example, a serious malfunction in the engine, gearbox ... You have the right to return the faulty car into the car dealership.
If your car during each year of the warranty period has been in repair due to the repeated elimination of its various disadvantages. You have the right to return the car under warranty.
How and is it possible to return the car to the warranty dealership.
Sales of new cars are constantly growing, and maintenance stations are becoming more and more, and therefore, there will be more and more failures from warranty repair and delaying its deadlines. What to do? These are not your problems and we will prove it to car dealer.
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Our lawyers, on your instructions, in writing will give the seller the requirement to terminate the contract of sale and will require:
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After that, the seller must voluntarily fulfill the above requirements within 10 days. In case of a dealership failure to voluntarily fulfill the requirement, you are right to submit to court. But from 11 days from the date of payment, the salon pays you for each day the delay (penalty) in the amount of one percent of the price of the car, and this is regardless of decision-making in court or in pretrial order. It should be understood that in relation to the warranty car, in the event of disagreements, the Seller must prove that the malfunction occurred in your fault or the fault of third parties. In practice, if it is not proven that you are to blame, then your requirement will be satisfied. And we will refund your defective car, and you will get enough amount to buy a new car.
If in the pre-trial order, it was not possible to return the auto-free auto quality, the claim is served. With a positive court decision, the Salon will pay you the full amount of the main requirement stated in the claim plus one percent of the price of the car for every day of delay starting from 11 days after issuing a requirement, plus compensation for legal expenses, including a representative of the representative in court, plus 50 percent fine. In addition, you have the right to claim a refund of the funds paid on the loan (including interest on the loan and payment fee), reimbursement of the price of additional equipment including installation, reimbursement of the cost of insurance policies, etc.
Do not forget that all the actions that you occur with the car dealer must be appropriately decorated on paper. Everything should be in writing, with seal and signatures.
For each conversion to repair, require an official receipt, an order-outfit or an explanation in writing or other document. If you refuse warranty repair, demand a written failure. After the work, require fixation in writing all the work and replace the aggregates in writing and only in writing squeezing and printing.
The long-awaited purchase of a new car for any car selection can turn into a real nightmare if a defective car was put. Rare cases when dealers agree on all consumer requirements, exchange cars or reimburse all losses. It is more likely that a person will need considerable efforts to protect their violated rights. You must know your rights and order of their protection! And then from the dispute with the seller you will come out the winner.
Table of contents:Cases when it is possible to exchange and return the car to the dealer
If a controversial situation occurs, it is important to understand that any dealer is unprofitable to meet the requirements of the consumer. However, there are legitimate grounds that give you the right to demand the car exchange for a new or refund spent on its acquisition of funds.
The main grounds for sharing or returning a car:
Each base has its own database of evidence, but the procedure for solving the issue is the same.
In case of malfunctions in the car, regardless of how much time has passed since its purchase, the buyer may require:
- return of the car inadequate quality to the seller and returning money for the car;
- replace vehicle.
There are three temporal situations when you can exchange or demand a refund of money for the car:
- within 14 days from the date of purchase;
- during operation in the warranty period;
- after the warranty before the expiration date.
Returning a car for 14 days
The vehicle, according to the Decree of the Government of the Russian Federation No. 924 dated 10.11.2011, belongs to a technically complex product. It can not be changed if the color is not suitable, dimensions, etc. You can demand, but it will be hard to refer to the law. Before buying, every buyer thoroughly studies information. Or should. By signing the contract, the buyer agrees not only with the car brand, but also with all the characteristics. Therefore, exchange the car or return the money paid for it only if there is a defect.
note
In accordance with the norms of federal laws of December 17, 1999 No. 212-ФЗ, dated December 21, 2004 No. 171-FZ, a significant drawback of goods is a non-resistant drawback or a disadvantage that cannot be eliminated without disproportionative cash costs or time costs, Or is revealed repeatedly, or manifests itself after it is eliminated, or other similar shortcomings
You are submitting a claim and wait for satisfaction. Returning money for the purchased car and the exchange of cars is not profitable for the seller, so many car dealers are refused to satisfy the claim. In this case, you documented the breakdown, convey a dispute into courts, and after the court decisions, exchange cars or receive reimbursement of money.
Returning a car in the warranty period
It is harder to exchange / return the goods if the breakage is seen from the 15th day and before the end of the warranty. A period of each new car is provided when the manufacturer or its certified partner must eliminate the breakdown in the list for warranty service. To find out the identified defect under the guarantee, you need to get acquainted with the terms of warranty in the documents that you have been transmitted when buying a car. Then a claim is submitted to the seller.
If the requirements are not satisfied (most often it happens), the dispute is transferred to the court. If the claim is satisfied, the requirement for the exchange or return of money for the car can be satisfied, but not always. In cases where there is no exchange fund or similar product, the requirements of the consumer are satisfied due to the return of the amount paid for the goods. This may be a new process if the dealer voluntarily does not fulfill its duties.
Returning a car after the end of the warranty period
Few use the norms of the law, but you can return the car after the warranty. To do this, it will be necessary to prove the presence of a defect due to the manufacturer's fault and apply for up to two years after the warranty.
Best with the manifestation of the defect to contact, first of all, to the manufacturer or the official representative, and then make requirements for the seller. Very often, with the help of the manufacturer, it turns out to achieve the requirements of the car exchange after the warranty, since the main seller always refuses to satisfy the requirements of the consumer. The main motive is the end of the guarantee. Neither your words, links to the norms of the law, the threat of losses will not help, if you do not attract the manufacturer.
If voluntarily did not manage to resolve the dispute, your way back to court.
The procedure for resolving the dispute with the car
No matter how much time has passed since the purchase of cars to exchange the car or get a refund for the car, you should pass through several stages:
- Submission to Claims A car dealer
- Examination
- Trial
- Execution of court decision
Submission of claims to a car dealership and examination
Before presenting the requirement, you must consider the future possible opponent's response, as well as further paths of proceedings. The claim must be built so that on the basis of its dissatisfaction you have had every reason to file a lawsuit.
The text must include: the name, your data and the seller, the date of purchase of the car, its brand and the state number, the circumstances for the presentation of the requirements, description of the identified disadvantage, the legislation (optional, but it is better to immediately show the seller to stop on the claim you are not Going), leaping part and attached documents. No need to paint all the circumstances, your thoughts and suspicions. Narration compressed, i.e. The detection date of the defect, which was manifested by a defect (including consequences), 1-2 references to the law and the requirement. The correct claim takes no more than one page A4.
The order of filing to choose you. You can bring personally, send by mail or courier delivery service. If there is an opportunity, it will not be superfluous to send a claim to email.
Tip! When you pass personally, always force on your copy to put the printing of the company, signature and the name of the receiving employee, the date and the incoming room. Only the latter is not mandatory for the future consideration of the complaint. If you refuse to write print and signature, you need to send a letter by mail.
Be sure to send a valuable letter with the description and notice. In the text describe you need to write, what document you are submitting, applications and how many documents and sheets are sent. Such an indication will continue to help avoid failure due to the imaginary lack of an important document. Notification will be required to designate the date of compelling.
Of the documents applied, there must be a purchase and sale agreement on a car. The rest is depending on the circumstances and your desire.
Directorate and lawyer of the car dealership, seeing your legal literacy, will try not to bring the case to the court and try to resolve the dispute right away.
In the claim you can put the question of the need for examination of the cause of the breakage. The requirement must be satisfied within three days. Expertise is appointed and according to its conclusions, you can move to the exchange of a car or return money for the car, but only if confirmed by a significant defect.
note
The initial payment of the work of the expert is made by the dealer. If the defect has not been confirmed, you must compensate the cost of expertise. Therefore, it is better to order an examination yourself. Initially, you will have to pay, but later payment can be assigned to a car dealership as losses. With its choice of an expert, the likelihood of truthful and proper output increases.
Note that in the text of the Claims on the exchange or return of the car, you can ask for a penalty in the cases provided by law and the circumstance. Such a requirement helps to satisfy your basic requirement. For example, you require the exchange and penalties, and so that you will satisfy the main request, you agree to abandon the penalty. Dealers often agree to avoid additional costs.
If during the 10-day term, the dealer does not satisfy the buyer's claim for the exchange or return of the car inadequate quality, then it must pay a penalty in the amount of 1% of the vehicle cost.
When it was not possible to solve the issue in pretrial order, you were refused to exchange / return or you did not suit the conclusions of the examination, the claim should be applied. Before feeding, a written refusal should be achieved or have evidence that you tried to get such a refusal.
Trial
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The main requirements for the statement of claim almost the same as the claim. But in the text you can already describe the situation in more detail, specify a greater number of regulatory acts that should be applied. To make a legitimate and reasonable decision, it will be necessary to appoint a judicial autotechnical examination. The court in the decision always records the conclusions of the forensic examination, and not the pre-trial conclusion of the specialist. It will not be superfluous to indicate the manufacturer (official representation) as a third party if the claim is filed on the seller. During the court by agreement of the manufacturer, your requirements can be satisfied with the signing of the settlement agreement. And you will be satisfied, and the court decision will be absent. Companies who follow their image, in affairs, where there is a big percentage of loss, try to solve the dispute without making a decision.
In court case, if it is possible, you should always ask for a penalty. Satisfaction of such a requirement will completely cover all your costs that cannot be reimbred by the decision. In some cases, the penalty helps to "punish" the unscrupulous seller. Another time you present the requirement, the dealer will think twice, and is it worth refusing to claim.
After making a decision and enter into legal force, you will need to contact the car dealership. Voluntarily do not perform, you can contact the attacks that will make the exchange car.
If the exchange is impossible, the dealer is obliged to return the cost of the vehicle. Consider that the amount you paid for the return is subject to return. You can meet the tricks of dealers to reduce cost due to the time of using the car, but this is illegal. Moreover, in the event of a rise in price of a similar car, you can ask the cost on the return day.
Exchange and return of the credit car
Interesting is the issue of sharing and return, if the car is purchased with a loan and / or is a mortgage property. In such cases, it is always necessary to attract a bank to a dispute. Even with a passive position, the Bank will be interested in assisting you, since the loss of collateral can lead to financial losses of the bank. Before the court, you can report a situation in writing, during the trial you need to attract the bank as a third party. At the same time, it is impossible to stop paying for the loan. First, the bank will help only a conscientious payer, and secondly, you will have to pay penalties at any end of the dispute.
If there is a refund when the credit car exchange is impossible, the fines for early closing the loan can be assigned to the dealer. You can also enroll with commissions, interest on the loan that you paid from the emergence of the impossibility to normally operate the car and before the dispute.
