What to do if warranty repairs are refused and where to complain?

Every person at least once in his life has been faced with the issue of purchasing a car, trying to make a choice based on personal criteria. Some people need a car to emphasize their status, while others have simply dreamed of buying an “iron horse” for a long time.

Spending money on such an expensive purchase does not always become a reason for joy and happiness on the part of the client. Recently, more and more often you can find vehicles that are sold with defects.

The article will discuss the key issues that interest most buyers: returning the car to the dealer back to the dealership, under warranty, with sample documents attached and further situations.

From a legal point of view

From a legal point of view, a complaint is a preliminary complaint, and nothing more. To put it simply, this is the way to:

1. recording the time of an unpleasant event for you associated with the purchase of a vehicle at a certain car dealership;
2. informing the car dealership that you have a complaint against it;
3. bringing to the attention of the car dealership information that you have serious intentions to protect your rights;
4. a warning that you are ready to go to court if the car dealership does not voluntarily correct the harm caused to you.

In this list, it is item 4 that reflects the purpose of the claim in accordance with the law.

That is, the law provides for a preliminary (or pre-trial) procedure for considering a dispute. And if the car dealership does not satisfy your claims, you have the right to go to court.

That is why there are no clear requirements for filing a claim. It must contain the name of the salon, your personal details and address, and the circumstances due to which you were forced to file a claim.

Application for returning a car to a car dealership

Home > DISPUTES WITH CAR SHOWROOMS > Claim to a car dealership for the return of a car

Purchasing a vehicle is an important and long-awaited event for every car enthusiast. Rarely does anyone think that something might be wrong with a new car. Especially if you make a purchase in a decent store. However, the percentage of defects in modern production is quite high. And then, instead of traveling in a personal car, you will face disputes with the car dealership.

Consumer rights allow a citizen to return low-quality goods to the seller (Article 18). In order to immediately achieve the desired result, you should familiarize yourself with the information on how to correctly fill out an application to return a car to a car dealership, and in what cases you can get your money back.

Main reasons for filing a claim

We have a separate article about returning a car to a car dealership. We recommend that you familiarize yourself with it, since now we will only briefly recall the most popular reasons for canceling a transaction. The car can be returned if:

• within 15 days after purchasing the car, minor manufacturing defects were discovered;
• be able to prove that you received false or incomplete information about the vehicle;
• after 2 weeks from the date of purchase, defects were discovered that do not allow full operation of the car;
• a violation of the terms of warranty repairs was detected.
• It is repaired under warranty for 30 working days per year.

So let us remind you once again, in order not to write an application to return the car to the dealership later, before signing the contract, you must carefully inspect the product. And this does not mean that admiring the luxurious interior is enough. Attractive appearance plays a role, but is not decisive. It is equally important to check the body for defects and the serviceability of electronic equipment. Since most buyers do not do this, it becomes necessary to issue a return of the goods.

How should I write and submit an appeal to the seller?

Firstly, remember that every day counts and if you do not have time to complete this document on time, you will not be able to return the car back! A complaint to the dealer can be made in free form. Data that must be entered:

1. FULL NAME.
2. Contacts for communication (phone number, address).
3. The name of the car dealership where the purchase was made.
4. Reasons for filing a claim to return the car. You must also list all identified defects.
5. Describe your requirements and how much you want to return. Here you can take into account compensation, repair costs, etc.
6. Don't forget to refer to legal regulations and attach a list of attachments.
7. At the end the current date and signature are indicated.

Often, salon representatives do not respond to complaints or refuse to issue a refund, so don’t waste your time and nerves. It is better to immediately contact a lawyer to find a way out of the unpleasant situation. And if more than 30 days have passed since the application was submitted, the buyer can sue the dealer.

Samples of a claim to a car dealership for the return of a car in 2020

Each case is unique in its own way, so a claim to a car dealership for the return of a car is not written according to one template. We have prepared several different options, you only need to choose the most suitable one.

1. Sample for returning when the car dealership did not provide all the information about the product.
2. Template if a car malfunction is detected in the first 15 days of operation after purchase.
3. Application to return the car to the dealership if there is a significant deficiency after 15 days from the date of sale.
4. Sample if the warranty repair period has been violated.
5. A claim template if the car has been under repair for more than 30 days per year of operation.

Filing a claim is an important procedure. The result may depend on its correctness. Therefore, a person who decides to return a car will need advice from a car lawyer. A qualified specialist will tell you how to satisfy your interests and avoid a conflict situation.

Also, an auto lawyer will help you draw up an application correctly and provide the necessary sample document.

How to register a claim to a car dealership for the return of a car

After the application is ready, you must “hand it over” to the dealer’s representatives and receive from them a copy of the document with a note that your application is under consideration. There are three ways to do this.

Option 1. Hand over the claim to the car dealership employee.

Option 2. Send by registered mail with return notification.

Option 3. Through a representative, in this case a notarized power of attorney is issued to him.

Reasons for sending a claim to a car dealership

No law establishes a list of reasons why you can present your claims to the seller. For some reason, many people like to refer to the Law “On Protection of Consumer Rights,” but it has absolutely nothing to do with it. Consumer rights are the buyer’s right, protected by law, to purchase a quality product or receive an appropriate service. A complaint is your personal dissatisfaction with a car dealership caused by poor service or poor quality product.

Reasons for dissatisfaction may include:

1. Hidden defects of the purchased vehicle.
2. Refusal of the car dealership to accept the return of a low-quality vehicle.
3. Delay in receiving an already paid car.
4. Refusal of warranty repairs.
5. Violations of the right of a disabled person to enter a car dealership in a wheelchair using a specially equipped ramp.
6. Problems encountered with vehicle insurance.
7. Refusal to provide a replacement vehicle if this is provided by the manufacturer.

In order to determine how much a car dealership owes you, it is enough to read the contract concluded with it. Discrepancies in at least one clause of the contract are already grounds for a claim.

What should I do if I receive a refusal to carry out repairs under a valid warranty?

Manufacturers, when releasing their product, undertake an obligation for its quality, that is, within a specified period, the manufacturer is obliged to accept a failed product for warranty repair.

In addition, depending on the complexity of the problem, a technically complex product can be completely replaced.

Let's take a closer look at the situation with warranty repairs.

So, if problems are detected in the purchased product and the warranty period has not yet expired, contact the seller of the product and demand free troubleshooting.

Warranty repairs are carried out directly by the seller or a service center that the seller should recommend to you.

The contractor must first check the legality of your requirements. To do this, he studies the documents you have for this product: warranty card, technical passport, receipt, etc. The identification numbers on the goods are also checked against those recorded in the documents.

When a product is accepted for warranty repair, the contractor must give you a special document that contains information about the detected problems, the general appearance of the product, and also records the period for completing the warranty repair. If everything happens on time, you will receive the product with the defects corrected within the specified time frame.

Important! Be sure to request a written report from the contractor on the work performed.

This document contains information about the date the product was transferred for repair, the date the necessary work was performed, what spare parts and materials were used, as well as the date the product was returned to its owner.

But the situation does not always develop exactly according to this scenario. In some cases, you may be refused to accept the product for warranty repair.

The refusal may be based on the fact that the product is no longer under warranty due to improper use. Another important reason for refusal of free repair is the discovery of traces of tampering with the mechanism of a faulty product.

If you look at the articles of the Law “On the Protection of Consumer Rights”, you will not find such wording as “remove the warranty”. Thus, neither the seller nor the service center has such authority.

They may refuse to repair due to the fact that the malfunctions arose due to improper transportation or use of the goods, as well as due to interference of third parties in the mechanism, etc.

We bring to your attention an algorithm of actions in the event of a refusal to repair under warranty.

First of all, you need to receive a document from the service center, which is a kind of report on the work done.

The report contains information about the problems that were resolved, the reason for their occurrence, and the conclusions of specialists about the impact of the problems on the operation of the equipment. The contents of this act are proof that the breakdowns occurred due to your fault, and the refusal to provide warranty repairs is completely legal. The absence of a document only confirms the fact that you were denied free repairs illegally;

Pay special attention to the contents of the act

If it talks about the reasons for the malfunction, but does not name its source, this can once again serve as evidence that you are not to blame for the malfunction.

Sometimes, to determine the culprit of a problem, it is enough for service center specialists to simply establish a cause-and-effect relationship between the breakdown and the moment when it appeared.

The presence of defects caused by mechanical shock is most likely a confirmation of improper use of the product.

If the document does not contain information about the person responsible for the problem, request an additional examination. It must take place in your presence, and its payment is borne by the seller or manufacturer of the goods.

If you do not agree with the results of the examination, appeal them in court.

When you receive a refusal to carry out free repairs at the initial stage from the seller, then request an independent examination.

In most cases, the examination is carried out exactly at the service center where the seller sent the product for repair.

Your presence during the examination is required!

In addition, ask the service center specialist to once again state the reasons for the refusal of warranty repairs.

If the results of the examination confirm the conclusions of the previous diagnosis, you will have to bear the costs of conducting an independent examination.

If you still do not agree with the decision of the seller or service center in refusing to accept the product for warranty repair, then you should go to court.

In this case, you should act in accordance with Art. 56 of the Civil Procedure Code of the Russian Federation, that is, you will have to prove the circumstances that you referred to when filing an application with the court.

Will the claim be beneficial?

The main thing is that the claim is based on your violated rights. The violated right can come from both the terms of the contract and the basic rights of the consumer in general.

The second important quality of a claim is that it must be filed on time, that is, almost immediately after you discover that your right has been violated. If we are talking about returning a car, then the return procedure should begin before 14 days have passed from the date of purchase. It is advisable to find out at this time whether the car has any special defects - rust, “crickets”, body defects, and so on. If you have time to conduct a thorough examination within 14 days, then feel free to write a return request. And if the car dealership refuses, then file a claim.

The third important quality of the claim is compliance with the terms of the contract by the buyer himself. If the car was repaired in a neighboring garage, or the car was tuned, re-chipped or otherwise modified, you can only submit a claim to yourself. That is, you can only repair your car at established service centers.

A little more about timing

It is very important to follow one more rule. Any statement you make to the salon must be in writing.

Let's assume that we are talking about warranty repair of a breakdown that occurred a few days before the end of the warranty period.

Submit a written statement to the car dealership. Give it to the administrator in two copies. On the second copy, ask the administrator to put a stamp and date of receipt. This will be your copy and your proof that you applied during the warranty period.

If you neglect this rule, then most likely you will hear from the administrator the sacred phrase “Come tomorrow, we’ll solve everything.” You will keep going until the warranty period expires. And then neither a claim nor a court will help you.

The same rule applies to cases of returning a purchased car. Write a statement before the 14-day period expires, and do not agree to “come back tomorrow, we’ll decide everything.”

What to do in case of refusal and where to complain?

If the seller refuses to carry out repairs, a verbal response and transfer of the goods back is not enough.
The justification for the reasons is provided in writing. The conclusion is drawn up in the form of a work completion certificate. It bears the signature of the responsible person and the seal of the legal entity. The act must reflect the following information:

• a list of work that was carried out to assess the condition of the goods;
• reasons for the breakdown;
• consequences of the specified reason for the product.

The procedure in case of refusal depends on what reason was stated in the act:

1. If there is a manufacturing defect, a claim is filed with the service center or a complaint with Rospotrebnadzor.
2. If the owner of the product reports mechanical damage or uses the item for other than its intended purpose, a complaint is filed with the service center or court.
3. If there is no argument, the claim is sent to higher management or Rospotrebnadzor authorities.
4. An examination of the product will be required to establish the fact of exposure to third parties. It can be carried out at a service center or with independent experts.

Complain to a service organization or dealer

If the dealer refuses to carry out repairs, a claim is filed. Before you write it, you can study this sample:

Download a sample claim for refusal of warranty repairs

The complaint is drawn up in two copies and submitted to the director of the center.

The text should indicate the following main points:

1. The header contains the information of the manager (his position, last name, first name, patronymic, company name). The applicant's last name, first name, patronymic, contact phone number and residential address are also indicated.
2. The main part contains a detailed description of the problem. You must indicate when the product was purchased and how long it was used. The moment of detection of defects is also specified. The client indicates that he contacted the service center, but the repair was refused (the reason for the refusal is stated).
3. The conclusion lists the citizen’s demands: carrying out repairs, bringing to justice the employee who violated his rights. A complete list of attached documents is displayed.
4. At the end of the complaint, the date of compilation and the signature of the applicant are indicated.

The statement was ignored. We are writing a complaint

As already mentioned, there are no special requirements for filing a claim. Therefore, know that the lawyer convincing you of the need to competently draw up a claim is only interested in your money.

The claim must contain information:

• about previous circumstances (when they bought, what they bought);
• about the event that gave rise to the claim (they didn’t give out a car for which you had already paid, they gave you a car with a hidden defect, something broke, something doesn’t work, etc.), and about the time of this event;
• about your desire (you demand to pick up the defective product and return your money, you demand to replace the defective product, you demand warranty repair, etc.). Within one claim, you can declare only one desire or several, but arising from the first.

In addition, the claim must contain the following basic details:

• Your details, including address, series and passport number.
• The full name of the dealership and its address, as indicated in your contract.
• A mention that a claim is a way of pre-trial resolution of a dispute, and if the car dealership does not consider and satisfy your claim within the time limits established by law, then you reserve the right to go to court.

The structure of the claim will look like this:

1. In the upper right corner there is a hat (from whom and to whom).
2. Under the header in large letters “Claim”.



3. The descriptive part is what and when you bought from the car dealership and what in the purchase or in the actions of the car dealership does not suit you. Be sure to include the contract number with the car dealership.
4. The operative part is what you want. We remind you once again - you can demand one thing - either repair, or return, etc. – and reimbursement of related expenses.



5. A warning about the intention to go to court if the demands are not satisfied.
6. Date of filing the claim.
7. Full signature and full name.
8. List of attached documents.

Going to court

If the claim was ignored by the seller and the repair was never carried out, it is possible to go to court.
You can recover from the violator:

• compensation for losses;
• a penalty for untimely satisfaction of claims in the amount of 1% of the cost of the goods for each overdue day;
• a fine of 50% of the amount awarded by the court for failure to comply with consumer requirements voluntarily.

The claim can be filed in court at the place of your residence, location of the defendant, or conclusion of the agreement.

Some purchase and sale agreements include a jurisdiction clause. In this case, you need to focus on it.

If the amount of the claim does not exceed 100 thousand rubles, the application must be sent to the magistrate's court. If the cost is higher, the appeal is made to the district court. The applicant is exempt from paying state duty if the value of the claim is up to 1 million rubles.

When considering a case, the court may order an independent expert examination. If the applicant is found to be correct, the costs will be borne by the seller. Otherwise, payment is made by the plaintiff.

Documentation

When going to court, the plaintiff must have a complete set of documents.
It includes the following papers:

• contract of sale;
• documents confirming the fact of payment;
• warranty card;
• product instruction manual;
• a copy of the application for warranty repairs;
• a copy of the refusal from the seller or from the service center;
• a copy of the complaint sent to the center’s management;
• expert opinion.

Sample claim

The statement of claim is drawn up in an official business style, citing the facts.
When filing, you can use this sample: Download a sample statement of claim for refusal of warranty repairs

Attention! The claim must not contain emotional phrases, obscene expressions, threats, or insults. If such words are present, consideration of the case may be refused.

The statement of claim must include:

• details of the plaintiff (last name, first name, patronymic, residential address, contact telephone number);
• name of the judicial authority;
• defendant’s data (store name, address, information about the manager);
• fact of purchase of goods (date, time, place);
• fact of detection of defects;
• actions that were taken before going to court (visiting a service center, receiving a refusal, filing a claim);
• requirements for the defendant (to carry out repairs, compensate for expenses);
• list of attached documents.

Claim? What claim?

If you personally bring a claim to a car dealership, then bring it in two copies. The administrator must affix a stamp and date of receipt of the claim on your copy. This will serve as evidence to the court that you have followed the pre-trial procedure for resolving the dispute.

If you are sending a claim by mail, send it by certified mail and keep the mailing receipt. Be sure to attach to the mailing a list of the documents contained in it.

Car dealerships love to convince the courts that they have never seen any claim.

No matter what the car dealership’s lawyers prove to you, know that a stamp or a receipt for sending a registered letter with a claim is ironclad proof that you have staked out your rights. From the moment you leave, you are king of the hill.

Waiting for an answer

As a general rule, the period for consideration of any appeal is one month. This is a legal requirement.

If there is no response within this period, you can safely go to court with a claim. In a claim, you can ask not only for satisfaction of the requirements set out in the claim, but also for compensation for moral and material damage.

If the car dealership delays its response for objective reasons, then don’t worry and don’t be on duty at the administrator’s door. Remember that you have staked your claim.