The car dealership does not give money for the sold car: what to do?
Today, many car dealerships offer a large number of services, in addition to the main one - the sale of new cars. So, if you want to buy a new car, but there is not enough money, you can use the Trade-in service, that is, you arrive in your old car, evaluate it, calculate your commission, and give you a significant discount on the purchase of a new vehicle.
In addition, the salon can act as an intermediary between the seller of a used car and the buyer. In this case, if you do not agree to the amount that you are ready to pay immediately (and it is usually lower by 20-30% of the real market), an agreement is concluded between you and the salon, where all the conditions are spelled out:
- Commission;
- the period during which the car will be parked free of charge;
- return conditions if you suddenly need a car urgently;
- cost of additional services: storage, diagnostics, repair.
When a buyer is found who is willing to pay the full amount, the car dealership takes some of the money for itself, and pays the rest to you on a card or in cash. But, unfortunately, such an option is also possible when the car is successfully sold, but the client is not paid off. What to do in such a case?
Reasons for non-payment by the dealership
First of all, you need to understand why such a situation is even possible.
The reasons can be several:
- special terms of the contract - you might not have noticed the small print that the payment of remuneration from the sale can be carried out within a certain period, that is, not immediately;
- car dealership managers invested the proceeds in the bank to receive interest - you must admit that even in one month you can make another 10-20 thousand on one million rubles;
- refusal can also be motivated by a lack of own funds that are “in business”: a new batch of cars is paid for, and you are fed “breakfasts”.
Other schemes may also apply. The possibility of a banal error is also not ruled out. Thus, be vigilant when drawing up a contract, reread it carefully and feel free to ask if you do not understand something.
How to get your money back?
If you carefully re-read the contract and did not find any notes on the extension of the payment period, or this time period has ended, but the money still has not been received, you will have to act as follows:
- write a claim and send it to a car dealership, detailing the essence of the problem in it;
- be sure to indicate that such actions fall under the article "Fraud", art. 159 of the Criminal Code of the Russian Federation - restriction of freedom up to 5 years;
- if the car dealership does not want to peacefully solve the problem, you can contact the police with a request to check the activities of this company;
- based on the results of the check, decide on a refund: the salon voluntarily pays the entire amount, or you go to court and then they will have to answer to the fullest extent of the law.
It is clear that any car dealership is a serious office, which necessarily has a staff of experienced lawyers. They are also involved in drafting contracts with clients. That is, you are unlikely to be able to achieve anything on your own, so entrust the preparation of a claim and a statement of claim to the court to no less experienced auto lawyers.
If it comes to court, it will mean only one thing - the contract is drawn up in such a way as to protect the car dealership and its reputation as much as possible. In fact, the company will quickly figure out that they are really wrong and will try not to bring the case to court.
How to avoid such situations?
Firstly, keep copies and originals of all documents for yourself: TCP, receipts, STS, DKP, etc. Better yet, keep the original TCP with you if this is allowed by the rules.
Secondly, work only with proven salons, because it may turn out that you will come for your money, and they will tell you that there is no salon here and never was. Look for information on the Internet. Our site also has articles about official dealers of various car brands, they can be trusted 100%.
Thirdly, if they start telling you “Come tomorrow” or “We don’t remember you because that manager has already quit”, show them the contract and remind them of the Criminal Code. In addition, you will have every right to apply to arbitration if the amount of damage exceeds 300 thousand rubles, and initiate a bankruptcy case for the organization, since it cannot cope with its financial obligations. And this will be the strongest blow to the reputation.
Do not let things take their course and actively defend your position.
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