How to return a car under a sales contract in accordance with the Civil Code of the Russian Federation?

A car is a commodity, and, according to the Civil Code of the Russian Federation, it can be returned to the seller. There are a huge number of situations when it is possible to return a car under a DCT (purchase and sale agreement):

• return of a used car at the initiative of the buyer or seller;
• returning a new car to the salon;
• return of the loan vehicle;
• termination of the contract of sale.

The key word is a contract of sale, the correct execution of which we have already talked about on our portal for motorists Vodi.su. Thus, when concluding a deal, pay priority attention not only to the technical condition of the vehicle, but also to all the necessary documents, because if they contain errors and are not drawn up according to the rules, then returning them can be quite a problematic task.

Civil Code of the Russian Federation on the return of the vehicle

You can return any goods of inadequate quality or demand free elimination of significant defects in accordance with Article 475 of the Civil Code.

In particular, the first paragraph of this article reads:

If defects and shortcomings are found that were not specified by the seller, the buyer has every right to demand the following:

• receive a significant discount on the goods, commensurate with the cost of the necessary repairs;
• repair by the seller - within a reasonable time (pay attention to this point);
• reimbursement of their own expenses for the elimination of breakdowns.

This applies to both new cars from the salon, and to second-hand ones. That is, if you bought a car, for example, with a broken radiator or an engine oil pan sealed with cold welding, then you have every right to demand a discount or a repair at the expense of the seller. Therefore, it is desirable that the condition of the vehicle be indicated in the DCT.

It should also be noted that in this case the proverb about the miser who pays twice applies: if you are offered a used car at a clearly underestimated price, then you need to figure out why it is so cheap. That's what he's talking about third paragraph of Article 475:

A claim for the correction of defects can only be made if otherwise does not follow from the characteristics of the goods sold or the nature of the obligation..

Well, the most important point of this article is the second. According to it, the purchased car can be returned back if there are:

• irreparable shortcomings;
• defects that appear repeatedly after their elimination;
• serious breakdowns that cannot be repaired within a reasonable time or the cost of such repairs will be commensurate with the cost of the car itself.

The third paragraph provides for either a refund or a replacement for a similar product of appropriate quality.

Practical Implementation of PrEP Termination

So, if in practice you are faced with the dishonesty of the seller, then two situations can arise:

• the seller is fully aware of his mistake, agrees with you and does everything that is obliged under the Civil Code of the Russian Federation - returns the money, repairs the car or makes an equivalent replacement;
• he does not recognize the claims of the buyer and refuses to fulfill his obligations.

It is reasonable to assume that it is the second situation that occurs most often. In this case, you will have to hire a specialist to draw up an expert opinion, which you subsequently need to go to court.

When drawing up a statement of claim, you must list all the shortcomings found during the operation of the car. In most cases, legal proceedings are resolved in favor of the applicant with full compensation for the losses incurred by him. Well, then - voluntarily or through the court - an agreement is drawn up on the termination of the PrEP, which lists the reasons for this step.

Other Important Civil Code Articles for PrEP Termination

In the event of various life situations, not only the buyer, but also the seller may demand the termination of the contract and the return of the vehicle.

Thus, article 450 states that the contract can be terminated if one of the parties does not fulfill its obligations. That is, this is a universal article that can be applied in many cases:

• you have been sold a secured car for which the loan has not been repaid without notifying you about it;
• the seller, salon or even the bank may demand a refund if the buyer cannot cope with the payment, etc.

Article 454 deals with the contract of sale itself. That is, it is a document according to which one party transfers goods to the other party for an appropriate fee. Both parties are obliged to fulfill the obligations specified in the contract.

Article 469 deals with such a concept as "Quality of goods".

The second paragraph reads:

If the DCT does not contain comprehensive information about the quality of the product, then the product itself (in this case, a car) must be suitable for fulfilling its intended purpose..

And finally: the Vodi.su editors would recommend their readers to carefully read other articles of the Civil Code of the Russian Federation - from 450 to 491, which are directly related to buying cars, both new and used.

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