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Is it possible to exchange a car under warranty. How to return the car under warranty in the car dealership

22.05.2021

The return of the car in the car dealership is a standard procedure, which is carried out within the legislation on the protection of consumer rights. In general, the procedure does not differ from the return of any other product. However, the specificity of the car in the quality of goods makes it necessary to carry out additional actions, which is not required in other cases.

Features of return auto

Although the car in our time is not the subject of luxury, for most citizens, the price of the average car is a sum of usual. Yes, and for persons engaged in the sale of cars, amounts are considered quite large to hold on for them. For this reason, rarely, which car dealers agrees to voluntarily take the car returned.

General rules for returning a car, like any other product as follows:
  • auto is refundable if defects are detected in it;
  • return is possible within the first two weeks after purchase;
  • the buyer has the right to demand the return of money for cars or replace the car on the same without defects.
In cases where the two-week period is passed, the return of the car is possible on the following grounds:
  • the presence of a factory defect in a car, which, according to the results of technical expertise, cannot be eliminated possible;
  • a car dealership at the request of the buyer failed to correct the lack of a car during the 45-day period established by the law or a different period established by the AUTO sale agreement;
  • if the overall repair of factory defects has amounted to more than 30 days, regardless of the number of defects, the number of repairs;
  • correction of the same factory defect more than once;
  • if the dealership knew about the presence of a defect, but did not notify the buyer about this or deliberately hid this fact.

However, the presence of the very fact is not enough to return the car. Each basis must be documented.

So:
  • the presence of a factory defect is confirmed by the conclusion of the examination;
  • repair deadlines are confirmed by receipts, other documents from the service service;
  • the amount of repairs is also certified by documentation from the service service.

Unfortunately, the fact of the deliberate concealment of the defect document is very difficult. To do this, you need to get the conclusion of a technical inspection conducted before the sale of a car in which it was indicated for the presence of a defect.

The order of return auto

As a general rule, if there is one of the above grounds, the auto show has no right to abandon the adoption of the car and return the money or replacing the car to another. However, car dealerships are very reluctant to take this step.

So how to return the car to the seller?

In general, the auto return procedure is as follows:
  1. When a defect is detected, the buyer makes a written claim to a car dealership, which indicates information about the purchase of a car, about the detected defect, the requirement to return funds or replacing the car.
  2. The car dealership is entitled to consider the claim within 10 days, after which the buyer is sent to the buyer or about the satisfaction of its requirements, or about the refusal.
  3. Motor Show has the right to appoint a technical expertise of the car. In this case, the term of consideration of the claim can be extended to 20 days.
  4. In case of a dealership of the auto show against return, the issue is solved in court.

Thus, the main point ensuring the return of the car is the technical expertise. The buyer has the right at its discretion to order it with independent experts, however, to avoid disputes on the results of expertise, it is better to agree on this action with a car dealership. Even with judicial review, the buyer or car dealership is entitled to demand the appointment of such an examination.

But in most cases, car dealers are unprofitable to bring the case to the court and thereby spoil their image and carry legal costs. But this does not mean that the issue will be settled in favor of the buyer. The seller will try to lean the conflict as much profitable for itself, offering various action options. Long-term repair or disadvantage - frequently used methods of car dealerships.

Another detention of car dealership is a partial refund. Many of them declare that due to a defect or temporary operation of the car, its market value decreased and the car dealership compensates for this difference to itself.

According to the legislation on the protection of consumer rights, the Buyer has the right to demand the return of the amount that he paid for the goods under the contract. Any revaluation is unacceptable, if only the fault of the buyer did not have a new defect.

Significant lack of cars

The determining point to return the car after a two-week term established by law for an indisputable return, is the presence of a significant defect. However, not every car dealership can be explained that there is a significant drawback in the car. How to determine, and most importantly, how to prove the materiality of one or another drawback?

To do this, you need to pay attention to the following circumstances:
  • infection of the lack;
  • the inability to eliminate the lack of time for the buyer or without costs;
  • repeated manifestation of lack, even after elimination.

In the presence of one of these signs, the lack is recognized as significant in indisputable order. In extreme cases, prove the reverse seller will have to be in court.

Another significant factor for the return of the car is the warranty on it. It should be borne in mind that the warranty implies repair or replacement not only if there are defective parts, but also in the case of detail wear during the warranty period. As a general rule, the return of the car under warranty is impossible.

The warranty itself implies the quality of the details and their resistance to wear. If some part in the course of operation fails without visible to the causes and traces of the mechanical impact of foreign objects, then you need to contact the warranty dealership. The seller will fulfill its warranty obligations in indisputable order.

Most car dealers provide free repair under warranty, but already in the aggregate of the repair period specified as a basis for returning, this deficiency can be considered as substantial. On this basis, the machine can be returned.

Thus, the list of foundations to return the car is significantly expanding. The main thing is to competently present the requirement and do not go on a detention of a car dealership with disadvantageous offers.

Return of funds

Following the procedure, the buyer has the right to count on the following:

  • refund of cash paid for cars;
  • replace the car on the same;
  • replacement of cars to another with the production of recalculation;
  • reducing the cost of cars proportionally detected laptop;
  • free repair;
  • compensation of buyer's expenses.

The buyer has the right to its discretion to make something or another requirement. It is these moments that the car dealerships use, offering the buyer the least favorable option for it. It is worth keeping in mind: if the car dealership offers some other option to solve the problem, then this means that the buyer is right and may insist on its demand until the latter, right up to the trial.

An exception when the buyer is not entitled to expect to fully fully, is the purchase of a car on credit.

As practice shows, in such cases the buyer has the right to count on the following:
  • refund paid part of the loan;
  • reimbursement of credit expenditures.

As for payments in terms of interest for credit, even the courts infrequently establish their refund. So you should not count very much for it. In addition, until disputes with a car dealership, it is necessary to pay a schedule loan so that no problems arise.

Only after the completion of disputes with the car dealership, you can contact the bank about the closure of credit relations. At the same time, you need to make sure that all relevant documents were compiled and signed so that the bank will accurately cease to take into account you as a debtor.

Features of returning cars purchased from hand

Buying a car with hands is a common form of turnover of motor vehicles in the modern market. At the same time, such legal relations are not subject to regulation on the legislation on the protection of consumer rights. So all disputes about how to return the car is solved in the manner defined by the Civil Code.

According to civil law, such agreements between individuals can be terminated, and the return of the car to the seller is carried out only if the seller did not provide properly information about the car fully.

The list of information required to provide the buyer, the following:
  • information about basic consumer properties;
  • price;
  • warranty period (if any);
  • rules of operation;
  • energy costs (in this case of fuel);
  • service life (shelf life);
  • seller's address;
  • certificate of compliance of the goods (certificate of conformity of auto traffic safety requirements);
  • all information about the shortcomings, as well as the use of cars to sale.

Thus, if the seller hid any disadvantages that when buying a car with hands, it happens quite often, the court may terminate the contract and oblige the seller to return the money. However, the difficulty lies in the fact that it is almost impossible to prove the time of the occurrence of the lack. So it is recommended to conduct a technical expertise or at least a standard technical inspection when buying a car from hand.

Most experts recommend always to demand a return of funds, as the risk that a car dealership in order to avoid losses can provide low-quality repair or replacement. No one has the right to force the buyer or in some way to influence its decision regardless of other circumstances.

Car owners are often disappointed in the shopping performed, and that is, there are many reasons. One of the most common causes are factory defects that are still called marriage. But how to act if such situations occur? Let's break in more detail.

To return the car, it is not enough to simply say that he stopped please. There is Article 18 in the Law on Consumer Protection. It says that the return of technology is possible for a maximum of 14 days if there are deficiencies.

The basis for the return can serve even small breakdowns found by the consumer. The consumer may refuse the purchase agreement concluded earlier.

Then the right to prevent the following requirements:

  1. Replacing the product for identical analogue, with recalculation at cost.
  2. Full return amount.

Again the transport is much more difficult if after purchase has passed more than 14 days.

Late returning there are only three legal grounds:

  • Detection of a significant drawback.
  • Violation of the deadlines to eliminate the defect, which are established by law.
  • Repeated elimination of defects did not allow to dispose of transport to the full range of 30 days and more.

Each foundation has its own list of documents that can be used as evidence. But the problem is solved using standard order in most cases.

Is it possible to return the car under warranty if she did not like? Answer in video:

For 2018, such defects that cannot be eliminated are recognized as "substantial disadvantages". Or when working with which additional serious spending will be required.

But dealers in each specific center can decide themselves, whether the identified lack of serious. If the seller insists that there are no grounds for returning - it remains only to go to court to prove its position.

The dealers themselves appear the duty to take a car back to the salon, if the deficiency required for more than 45 days. Or you need to accept other conditions exhibited by the buyer.

In such cases, the situation is rarely permitted in favor. The same rule acts when initially the contract has a smaller time to troubleshoot. Therefore, it is necessary to study the agreement in advance and see what specific timing on warranty repair are listed in this document.

Oral claims are allowed, but their most difficult to use as evidence. It is recommended to fix each breakdown, the time of its elimination and appearance.

Dates of the return of authentic quality cars in the salon

In total, 3 temporal situations can be allocated to exchange transport, or require compensation at its cost.

  • After the warranty, but until the deadline for use.
  • As part of the action.
  • For 14 days after purchase.

Within 14 days

Feed a written claim to the cabin address is the first step to be taken by the buyer. Especially when the breakdown is found, the elimination of which will require too serious costs over time or by money.

Answer must be waiting for a maximum of ten days after sending a document. At first, many dealers refuse to satisfy the request, and try to prove that they are not related to breakage.

The exchange of car, as well as the refund - actions that do not carry any benefit for sellers. Therefore, the negative reaction is easily explained. The consumer is important to document the breakdown and the reasons for its appearance.

After that, you can see the court if the previous steps have not led to the result. The optimal option is to carry out independent examination before the start of the court sessions. Then the chances of receiving compensation are much more.

Warranty period

The warranty card must accompany each new car that is implemented through the car dealership. It is in this document that it is indicated for how long the breakdowns should be eliminated. If this period of time is not complied with - then you must submit a claim as in the previous case.

Returning a car to the salon if it is working. Photo: myshared.ru.

Compared to sellers, manufacturers are much more willing to meet. If the pre-trial settlement fails, it remains only to turn to higher instances.

Resolution disputes with dealers: procedure description

The consumer needs to go through several stages for a competent solution to its question:

  1. Submission of claims to the dealer, using writing.
  2. Conduct an independent examination.
  3. Trial.
  4. Control of the execution of a trial.

On the conduct of expertise and submit complaints

The claim must be built in such a way that the consumer has real bases to make a claim in the event of a dealer refusal.

What should be included in such documents:

  • Contact and personal data from each of the stakeholders.
  • Time when transport was purchased.
  • Description of the brand, state number.
  • Description of the defect detected by the buyer.
  • Note on legislation.
  • Consumer demand itself.

How to return the car with defects in the cabin? Watch the video:

The main thing is to understand the essence of the claim. Therefore, the presentation should be strict, concise. If the claim is compiled correctly, it takes no more than one standard A4 format page. The document is passed in person personally, or by mail by registered letter.

At the copy of the applicant, it is necessary to put the following data if it is in mind specifically a personal transfer:

  1. Outgoing documentation number.
  2. Date.
  3. Signature officer responsible for reception.
  4. Print from the enterprise.

If the first notice came to fail - then it is permissible to send a registered letter re-ordered, which describes all attachments. Be sure to use the function notification function. In the text it is necessary to write the number of documents, each position is described in detail.

Then the second party will not be able to refuse due to the fact that there was no any of the documents. The claim may describe the issue of examination.

Such requirements should be satisfied in ten days, no more. The dealer usually pays for the work of the expert. But it is better to independently trace the decision of this issue.

Regarding the return of cars purchased on credit

Usually cars purchased under the lending contract become both mortgaged property. Then the debate has the right to participate a bank providing relevant services. After all, a credit organization is not beneficial to lose collateral property.

Before the court proceedings, a standard written claim is sent to the cabin. During this process, the Bank becomes the third stakeholder that the plaintiff can attract. No need to refuse payments on the loan at such moments, even if the final decision has not yet been accepted.

How to get a car loan in a bank and what is needed for this? Read more

After all, the debt still remains on the client, until the case finally climb. And with refusal of payments, you will have to face penalties.

About failures and possible reasons

If at least one of the following reasons is present, the auto show has the right to refuse both warranty repair and refund:

  1. The presence of the guilt of the buyer in what happened.
  2. Use of services services that do not cooperate with the salon.
  3. Accident, natural disaster.
  4. Unreasonable use of transport.

Auto return circuit in the salon. Photo: myshared.ru.

Conclusion

It is difficult to seek justice in solving such issues, but there is nothing impossible. It is recommended to resort to the help of professional lawyers who agree to accompany the entire process, from beginning to end.

They are able to take into account all the nuances typical for a particular situation. And they will achieve the buyer removing the maximum benefit of what is happening. The main thing is not to forget about the correct design of all the accompanying documents. The presence of at least one error can lead to serious negative consequences.

Nowadays the car is no longer a luxury, but rather need. But the cost of a good machine for average citizens is still not small. That is why the return of the car in the car dealership is the question of the pressing for many ordinary people. Buying a car of proper quality of the dream of almost every person. For the choice of the car, people are suitable carefully, because transportation usually buy not for a year and not even two. Returning the car The procedure is unpleasant, but sometimes just necessary. Not always acquired means of movement justifies your expectations. Of course, the return of your car in accordance with the guarantee is impossible to carry out due to poor aerodynamics or slowly heating stove. But there may be significant disadvantages of a mechanical nature (frequent breakdowns, because of which to use the machine in the time you need).

Employees of car dealers rarely agree to voluntarily returning a car inadequate quality. Trying to write off all the flaws on you, you do not know how to ride, do not follow the machine, etc. Offers warranty repairs (very often at your expense), refer to certain points of sale contract. In general, all the ways are trying to circumvent the provisions of the Law on Consumer Rights.

In order to return a faulty car back to the salon, while maintaining the time and nerves, you must consult in advance from the specialists.

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

You can return the car in improper quality back to the seller when defects are detected for a certain time established by the legislation. For example, in the first 14 days money for the car can be returned, even if you just do not work the windows. Well, or exchange to another, the same brand, but without a production marriage. But after the expiration of this period, the procedure for returning a poor-quality car, taking into account the guarantee, is much more difficult and more unpleasant.

On the basis of the law, in this case, the seller can be returned with the following circumstances:

  • recognition of the materiality of lack or not the possibility of its removal (correction, repair) in the process of conducting a special examination;
  • the dealer company could not delete the detected defects on the time limit. The time to correct the details and mechanisms of improper quality should be coordinated in advance and recorded in writing and should not exceed 45 days;
  • your car was repaired in aggregate more than thirty days for the whole year. It can be a one-time repair of more than one month or fifteen repairs per year to two days. The main thing is that the car you could not use more than 30 days during the year because of his inadequate quality. The basis will be all documents confirming the finding of your vehicle in service. Keep all the documentation and strictly follow the formulation of seals and signatures on employees of repair organizations;
  • returning machines are possible in case of repeated correction of the same malfunction;
  • also, a car dealership is obliged to pick up his goods back if the disadvantages have been hidden in advance.

Keep in mind that, subject to the conformity of your situation, one of the above items, the supplier has no right to abandon the auto-quality auto-quality.

But it may require you to return the difference between the market and the actual value of the machine. So, it is not legal even if there is a car in the car. A few more words about the estimated examination. She takes place at the expense of the dealer. If the test results are not satisfied, feel free to contact the court. It is difficult to sort out such situations yourself. Contact lawyers on our website, and we will pass this thorny path with you.

Features of the return machine on credit

The law of consumers states that when returning poor-quality goods, the creditor is obliged to return funds made on credit. In addition, your costs put on the design of the loan account should return. The only loss for you will be interest payments. The judiciary rarely recognize overpayment as damage received due to the purchase of low-quality goods. After all the calculations, be sure to take a certificate from the bank that all relationships with them are completed and there are no complaints about you. Another little advice, even if your car came into disrepair by the manufacturer's fault, do not stop monthly payments to the bank, until the entire situation decides officially in a legitimate manner. Otherwise, the court can stand on the side of the bank and you will lose everything.

Even if you decide that you do not fall into the framework of the reasons to return the car back to the car dealership or simply cannot prove that the detected faults are essential, and you really need to return the car, please contact our specialists.

There would be a product, and the reason there will be. Lawyers are thoroughly knowing every nuance of this issue and will have all the assistance in solving your problems. Also, when communicating with the employees of a dealer company, pay attention to their timer of conversation. Observe the norms of legislation they are required voluntarily. And rudeness, rudeness and arrogance is punished by a ruble in court.

Procedure

To start, write a statement addressed to the head of the car dealership in which they bought the car. Brings it to the salon, give the manager. At the same time, make sure that the incoming number is assigned and the adoption date is affixed. With the same manager, discuss the time interval during which the problem will be solved and fulfilled all your requirements (which are stacked in the framework of the law, of course). If you refuse to accept your application, do not leave the salon until you receive it in writing. This will be the basis for filing a lawsuit.

In your application, you should clearly describe the problem and your proposal to decide. It is desirable, each of its requirement to support the relevant legislative norms in order not to be unfounded.

Usually the maintenance of the cabin is trying not to bring similar conflicts to litigation. They will try to solve it all peacefully, offering you various options. But most likely, they will consider the solutions least beneficial for you. If you are confident in your position, stay with your opinion to the last. Do not agree on the servant of the dealer.

Remember that during car loans, the salon should cancel the transaction and return you the full cost of the car, from which you are already paying off the balance of debt in the bank. The competent advice of the lawyer will help more quickly and effectively solve the misunderstanding between you and the salon. Contact experienced lawyers on our website and get a full consultation on all the questions you are interested in completely free.

"Not satisfied - go to court!" - This is a rule of life that has long been rooted in Western countries, we have only been hidden, and it is very difficult and painful. Those who have faced the purchase of a defective car, have long months to prove their rightness in the courts to get rid of the burdensome purchase and return the money. If you look at the charges that the Supreme Court brought as examples in a recent "review of the practice of consideration by the courts of cases on disputes on the protection of consumer rights related to the implementation of goods and services", it can be concluded that the appeals courts are most often given. It is because of their erroneous solutions and ignorance of the laws of the case of defective cars, it is necessary to revise several times, many of them reach the Supreme Court.

Did not take 15 days? Boldly return the low-quality machine to the seller!

So, the first explanation concerns cars that have a lack (one or more) detected within 15 days from the date of transfer to the buyer. In these cases, the identified defect is essential or insignificant, the seller is obliged at any case at the request of the buyer to provide a new car or return the money. As an example, this case is given: the plaintiff was sued a car dealership because of the car, which several drawbacks were identified during the first 15 days of ownership. The court of first instance was considered by their production and stood on the side of the buyer, but the appellate court supported the dealer, referring to the fact that the identified disadvantages are insignificant and do not interfere with the normal operation of the car, besides, the dealer eliminated them. The Supreme Court caught the appellate court in the ignorance of paragraph 1 of Article 18 of the Law "On Protection of Consumer Rights", made the dealer made the dealer take a defective car and return the plans paid for her money.

Development and international warranty

The second clarification concerns the defective machines that are on the warranty period. As an example, the proceedings between the citizen and the car dealership around the car with a two-year warranty. During the warranty period, the citizen has repeatedly made unscheduled visits to company service centers (including outside of Russia), since the car was constantly broken. In total, the car spent several months in the Rezone, and according to the law, if a technically complex product, which is under warranty cannot be used within 30 days, the buyer has the right to demand termination of the contract of sale. The first two ships female lost, as the judges did not include during the period when she could not use the car, time to deliver the car to the service and time for repair abroad. The Supreme Court, referring to paragraph 7 of Article 18 of the Law, ordered his colleagues to take into account the delivery time in such cases, as the seller answers it, and not the consumer. Repair abroad is also necessary to take into account, since in the contract in this case it was stated that the car warranty extends outside the Russian Federation, so the owner had the full right to repair the car where it is comfortable.

Free dealer from responsibility for the warranty vehicle can only independent examination

It would seem, is it obvious? Alas, no: in some cases, the courts fall on the side of the seller, the "occasional" client a defective car, without an examination. As an example, the decision of the appellate court in favor of the dealer, motivated by the fact that the primary examination cannot definitely prove, whether the nature of the operation of the car affects the defects detected in it. In addition, this decision indicated that since the warranty period for the car was not expired and the dealer agrees to repair it, but the identified shortcomings are insignificant, there is no reason to terminate the transaction. The Supreme Court has canceled all this "Casuistry" and indicated that, according to paragraph 4 of Article 13 of the law, the defendant must prove the inability to be responsible for the goods (that is, at least one more expertise is needed). In addition, the appellate court, indicating that the dealer is ready to repair the car under warranty, actually recognized that the identified disadvantages are producing production, and not operational nature.

Additional equipment returns with the car, and in the fines it is also taken into account!

Rare car (especially budget) Today you can buy from the dealer without imposed additional equipment: mats, cool alarm, winter tires, bolts-secrets, "fly swatter" on the hood, trunk on the roof and so on. So all the "music" surrenders with the car, if the last court is declared poor and subject to return. Moreover, when the seller is accrued and fines, the seller is also taken into account! As an example, the decision of two ships on the suit of a citizen who bought a car with additional equipment. The courts decided to accrue the fines of the respondent, based on the cost of "extra", incorrectly, since the manufacturer is not responsible for third-party equipment. The Supreme Court recognized these arguments untenable and prescribed to accrue penalties and fines, taking into account the full cost of the car, that is, with all the additional equipment installed on it, since the plaintiff was supposed to share their sharing.

Return after warranty: difficult, but you can

Yes, the defective car after warranty can be returned, but only the manufacturer, not a dealer, and for this it is necessary to prove that the detected defect arose before the transfer of goods to the consumer or for reasons that have arisen before that moment. As an example, the proceeding around the broken car: the dealer handed it to the buyer, but did not report on the defect (the seller argues that he did not know about him, they melt, hit and painted at the factory). The courts of the first two instances in this case were supported by the plaintiff, but the Supreme Court, strictly following the letter of the law, rose to the side of the car. Since it is impossible to establish where the car was repainted, which at the time of filing the claim was not under warranty, then, paragraph 6 of Article 19 of the Law "On Consumer Rights Protection", to make claims to the seller wrong with the defendant in this case the factory should be a respondent. There are other limitations: substantial disadvantages of the car with the ending guarantee can be brought by the manufacturer after two years from the date of transfer of goods to the consumer (if the guarantee is less than this period), within the service life established for the goods or within ten years from the date of the transfer of goods to the consumer In case the service life is not installed.

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.

Our lawyers, on your instructions, in writing will give the seller the requirement to terminate the contract of sale and will require:

  • Refund paid for the car of the cash amount;
  • Payment of the fine, penalties for non-use of the car during repair, etc.;
  • Compensation of the difference between the price of the car, established by the contract, and the price of the corresponding car at the time of this requirement;
  • Return paid interest on the loan and fee for providing a loan compensation for non-pecuniary damage caused in a consequence of the acquisition of auto-quality cars;
  • Compensation costs for legal services.

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.