Complaint to a car showroom or dealer - example, sample.

Procedure for returning a car to the seller

To do this, you, of course, need to terminate the contract for the purchase and sale of a car (hereinafter referred to as the product). The grounds for termination may be significant violations of quality requirements, violation of the terms of the contract regarding the transfer of documents for the car, etc.

This can be done both extrajudicially and in court, on the grounds provided for by the contract or legislative acts. The procedure itself includes the following points:

Send a written, reasoned claim to the seller to terminate the contract. As a general rule, contractual relations terminate from the moment the claim is received (clause 1 of Article 450.1 of the Civil Code of the Russian Federation). Such a claim must necessarily contain: arguments for which you decided to refuse the contract, references to the law or relevant clauses of the contract, details of the contract; in the petition part it is important to indicate your intention and ask to return everything transferred under the contract, the period of such transfer.

Since the above claim is a legally significant document, it must be sent in such a way that the direction can be proven - by registered mail with a list of attachments, by telegram, delivered in person, using a courier service.

Recipient's address is the address specified in the contract or an extract from the Unified State Register of Legal Entities/Unified State Register of Individual Entrepreneurs, which can be obtained on the official website of the tax service.

If the seller refuses to answer you, or is inactive, that is, does not respond at all, the dispute will have to be resolved through court.

Sample claim to a car dealership for a refund

Legal entity name, address

Information about the applicant (full name, address, phone number)

Claim

“__” ____ in Yekaterinburg, Sverdlovsk region, I entered into a purchase and sale agreement for a car _______ with LLC “____”.

In accordance with the above agreement, I “__” ______ 2021. payment was made for the car in the amount of ______ rubles.

To date, the seller has not handed over the car to me under the concluded sales agreement.

By virtue of Art. 456 of the Civil Code of the Russian Federation, LLC “___” was obliged to transfer the car to me under the purchase and sale agreement before “__” ___ 2021.

In accordance with Art. 463 of the Civil Code of the Russian Federation and clause __ of the contract, since LLC “___” actually refuses to transfer the car to me, I have the right to refuse to execute the sales contract.

Based on the above, I refuse the contract for the purchase and sale of a car _____ dated “__” ____ 2021, concluded between me and LLC “___”.

I require:

Refund to me the funds paid under the contract for the purchase and sale of a car _____ dated “__” ____ 2021. in the amount of ___ rub.

If they refuse to voluntarily satisfy my demands, I will be forced to seek judicial protection of my rights.

Application:

Date signature transcript

Returning a car purchased on credit

Like almost any product, a car purchased on credit can be returned to the seller if deficiencies are identified during its operation, but not within fourteen days, but fifteen (clause 1 of Article 18 of the Law on the Protection of Consumer Rights). However, the shortcomings identified during this period may be insignificant.

In addition to the return, you have the right to exchange the car, with an additional payment on your part if it is more expensive, and on the part of the seller if its value is lower.

If the above period has passed, then you can return the car if significant deficiencies are identified, for example:

1. The car was under repair for a month or more over the course of a year (certainly not as a result of an accident). In this case, this period is summed up.
2. Repeated occurrence of the same fault.
3. The vehicle's passport parameters do not correspond to those stated - for example, fuel consumption significantly exceeds that stated in the documents.
4. Troubleshooting will take significant time or money.
5. And so on.

In the cases stated above, the car can be returned to the seller under warranty.

Return procedure:

A claim outlining your position and the corresponding requirement. The seller has 10 days from the date of receipt for her satisfaction.

If the claim is refused, ignored or the deadline is violated, go to court with a corresponding application.

Important : during the consideration of the claim, the seller has the right to conduct an examination, which must be paid for by him, you have the right to be present at it, and the seller himself is obliged to notify you of the place and time of its conduct in advance!

If less than 15 days have passed since the transfer of the car

No matter how paradoxical it may sound, if malfunctions in the car appeared before the expiration of the 15-day period from the date of delivery, consider yourself lucky. Why? In this case, the law “On the Protection of Consumer Rights” gives the consumer the right to return the car, even if minor defects were found in it that do not directly affect the ability of the vehicle to be used normally (for example, the paint on the bumper is slightly peeling off).

Important!

You will not be able to return the car because you “don’t like it” - this is in no way a defect.

Before the expiration of 15 days from the date of transfer, you can demand from the seller:

• full refund of the amount paid for the car
• replacing the car with another of the same brand (or another with recalculation of the funds paid)

In theory, returning a car of inadequate quality before 15 days have passed from the date of delivery is a fairly simple task. However, in practice, car dealerships do not always willingly agree with the buyer’s demands and, thereby, violate the law “On the Protection of Consumer Rights” (you can safely go to court).

Claim to return the car to the seller

If the shortcomings are not specified in the agreement between the buyer and the seller, then from the moment of receiving the car, the client has the right to return the car on all legal grounds. You can receive cash or a car of a similar model, but without defects. Another option is to exchange goods of inadequate quality, i.e. exchange of a car for another with possible recalculation. But the defect may be very small, and then the application to return the car may not be satisfied.

If more time has passed, then you can return the car to the dealership only if certain conditions are met:

• violation of deadlines for eliminating defects
• repeated elimination of deficiencies
• detection of a significant malfunction that cannot be repaired even in a service workshop

If you have taken your car in for repair several times already, you can return the car to the seller legally and resolve the dispute with the car dealership. Repeatedly occurring faults that can only be repaired for a disproportionate amount are already a reason to contact the salon and issue a return. There should be no obstacles to performing such actions.

USEFUL : watch a video with advice from a lawyer on filing a claim

Claim for car return

As we mentioned earlier, first of all you need to send a pre-trial claim to the seller. As a rule, the buyer is an individual, so if you are dissatisfied, you should contact the district court, and today the claim can be filed at the buyer’s location.

NOTE : no state fee is paid when filing an application for consumer protection.

The statement of claim must indicate:

• Details of the seller, buyer;
• Data about the agreement – ​​date, time, place of its conclusion;
• The essence of the dispute, the nature of the violation (identified malfunctions), relevant evidence;
• The pleading part is to terminate the contract and eliminate violations of rights by returning money or exchanging (this is at your discretion or in accordance with the purchase and sale agreement);

In addition, you have the right to ask for a penalty and a fine in accordance with the law on the protection of consumer rights, as well as reimbursement of legal costs (if any).

Sample statement of claim for termination of a car purchase and sale agreement

In the Verkh-Isetsky District Court of Ekaterinburg, Ekaterinburg, st. Malysheva, 2 B

Plaintiff:

P.

Respondent:

Limited Liability Company

Statement of claim

on the collection of funds under a car purchase and sale agreement

Between me and the LLC, a purchase and sale agreement No. 82/14 was concluded for a FORD Ford FOCUS car worth 480,000 rubles. Cash in the amount of 480,000 rubles as payment for the car was transferred to the seller at the time of conclusion of the specified agreement.

After purchasing the car, during the diagnostics, significant defects were identified:

• The automatic transmission housing is broken (needs replacement),
• steering rack replacement, broken housing, oil leak,
• replacement of all SDC anthers,
• replacing front brake discs,
• replacing the engine block,
• replacement of attachment belts,
• the headlights are screwed on with self-tapping screws,
• replacement of spark plugs with cleaning of fuel injectors, throttle valve,
• malfunction of the electrical cooling fan control circuit,
• malfunction of the output amplifier stage or the fan electrical circuit,
• malfunction of the alternator load input circuit,
• break or short circuit of the electrical monitoring circuit,
• IMRC output signal is incorrect.

When concluding the purchase and sale agreement, the seller did not inform me about the listed defects of the vehicle. With these deficiencies, it is impossible to safely drive the specified vehicle. Due to the identified deficiencies of the car, the repair of which is technically complex and time-consuming, I sent a claim to the defendant asking for a refund.

In accordance with Part 1 of Article 1005 of the Civil Code of the Russian Federation, under an agency agreement, one party (agent) undertakes, for a fee, to perform legal and other actions on behalf of the other party (principal) on its own behalf, but at the expense of the principal, or on behalf and at the expense of the principal. Under a transaction made by an agent with a third party on his own behalf and at the expense of the principal, the agent acquires rights and becomes obligated, even if the principal was named in the transaction or entered into direct relations with the third party for the execution of the transaction. Having analyzed the agency agreement, we can come to the conclusion that, in fact, a relationship has developed between the parties under a commission agreement.

By virtue of clause 1, 3 tbsp. 990 of the Civil Code of the Russian Federation, under a commission agreement, one party (the commission agent) undertakes, on behalf of the other party (the principal), for a fee, to carry out one or more transactions on its own behalf, but at the expense of the principal. Under a transaction made by a commission agent with a third party, the commission agent acquires rights and becomes obligated, even if the principal was named in the transaction or entered into direct relations with the third party for the execution of the transaction. The law and other legal acts may provide for the specifics of certain types of commission agreements.

The buyer has the right to refuse to fulfill the sales contract and demand a refund of the amount paid for the goods. In this case, the buyer, at the request of the commission agent and at the expense of the commission agent, must return the goods with defects.

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In accordance with Article 450 of the Civil Code of the Russian Federation, amendment and termination of the contract are possible by agreement of the parties. At the request of one of the parties, the contract can be changed or terminated by a court decision only: 1) in the event of a significant violation of the contract by the other party; 2) in other cases provided for by this Code, other laws or agreement. A violation of the contract by one of the parties is considered significant, which entails such damage for the other party that it is significantly deprived of what it had the right to count on when concluding the contract.

In the event of a unilateral refusal to fulfill the contract in whole or in part, when such refusal is permitted by law or by agreement of the parties, the contract is considered respectively terminated or modified.

Also, Article 18 of Law N 2300-1 “On the Protection of Consumer Rights” establishes that after the expiration of the 15-day period, the requirements specified in the article must be satisfied in one of the following cases:

1. detection of a significant defect in the product;
2. violation of the deadlines established by this Law for eliminating product defects;
3. the impossibility of using the product during each year of the warranty period in total for more than thirty days due to repeated elimination of its various deficiencies.

I also believe that I suffered moral harm. I estimate moral damage at 100,000 rubles.

I believe that in my favor a fine must also be collected from the defendant due to his failure to voluntarily comply with the consumer’s requirements.

Since the defects of the car are significant and arose before the car was handed over to me, therefore, I consider it possible to refuse to fulfill the sales contract and demand a refund of the amount paid for the goods.

Based on the aforesaid and guided by Article. Art. 450, 431, 990, 1005 of the Civil Code of the Russian Federation, Article 18 of the Law of the Russian Federation of February 7, 1992 N 2300-1 “On the Protection of Consumer Rights”, paragraph 29 of the Rules for Commission Trade in Non-Food Products

ASK:

• terminate the purchase and sale agreement dated June 27, 2014, concluded between me and LLC No. 82/14 of the FORD Ford FOCUS car worth 480,000 rubles;
• to recover from the Defendants in my favor the amount paid for the car in the amount of 480,000 rubles jointly and severally.
• to recover from the Defendants in my favor compensation for moral damage in the amount of 100,000 rubles jointly and severally.
• to recover proportionately from the Defendants in my favor legal costs in the amount of 4,000 rubles.
• recover from the Defendants in my favor a fine in the amount of 50% of the amount of the stated claims.

Date, signature

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Sample claim to a car dealership for warranty repairs

Name of legal entity, address: Ekaterinburg, st.

Information about the applicant (full name, address, phone number)

Claim to a car dealership

“__” ____ at the official dealer in Yekaterinburg of the car manufacturer _______, I concluded a purchase and sale agreement for the car _______ with LLC “____”, according to which the seller undertook to transfer to me a technically sound vehicle.

“__” ____ the car was transferred into my ownership, which is confirmed by the acceptance certificate.

In accordance with the above agreement, as well as technical documents for the car, the warranty period for the car is 3 years.

By virtue of Article 4 of the Law on the Protection of Consumer Rights, LLC “__” was obliged to hand over to me a car whose quality complied with the contract.

During my operation of the above-mentioned vehicle, a number of vehicle malfunctions were identified, namely, _________, I consider these shortcomings to be significant. Thus, the car I purchased does not comply with the contract.

In accordance with Art. 18 of the Law on the Protection of Consumer Rights, I have the right to demand immediate elimination of deficiencies free of charge.

When I contacted the car dealership, I was denied warranty repairs.

I believe that LLC “___”’s refusal to repair my car is illegal.

Taking into account the above circumstances,

Ask:

Carry out warranty repairs on my car ______.

Application:

Date signature transcript

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