How to return a car to a car dealership under warranty? In what cases is this possible?
Any product can be returned back to the seller, whether it's a car, a washing machine, or even a can of stew. In Russia, there is a whole set of laws that regulate this issue:
- "Consumer Rights Law";
- individual articles of the Civil Code - we recently reviewed them on our website Vodi.su.
So, consider the problem of returning a vehicle to a car dealer.
Conditions for returning a car to a car dealership
The Buyer's Rights Act allows you to return any product to a store within 14 days of purchase, without even requiring any reason. They can be justified simply by the fact that the car does not suit you.
The conditions under which a return is possible are stipulated in the law, as well as in the Civil Code of the Russian Federation. Please note that this applies to both purchases from an authorized dealer and from hands. The main condition is that all payment documents must remain in your hands: a sales contract, an invoice, a check receipt, an act of acceptance and transfer. If these documents are not available, then you can return the goods by serial numbers and VIN code, but this is already a more complicated procedure.
According to the law, you have the right to return the car to the showroom, demand monetary compensation or replacement with a vehicle of equal value in the following cases:
- detection of factory defects;
- identification of defects, the repair of which will cost comparable to the purchase price;
- refusal of the car dealer to eliminate defects and defects within 45 days at his own expense;
- repairs are taking too long.
That is, if the car, roughly speaking, does not drive, you simply have to demand from the seller that he fix the breakdowns, or pay you for repairs, and carry out the necessary maintenance. At the same time, there is a legislatively approved period of 45 days. If during this time you still cannot drive your car, then you need to demand a refund of the amount paid. If you enlist the help of an intelligent auto-lawyer, then you can also assess your moral damage.
According to the Civil Code of the Russian Federation, the contract of sale must contain true information about the technical condition of the vehicle. If the contract in the car dealership is drawn up according to the rules - a new car, year of manufacture 2016 or 2017, etc. - but in practice it turns out that you constantly contact the service station to eliminate factory defects, this is another reason to return the car to the salon.
That is, numerous repairs that occur not through the fault of the owner, but the manufacturer - this is also a justification for returning the vehicle. So, if more than 30 days a year a new car was serviced, it must be returned.
But there are a few points here:
- proper operation - for example, engine break-in, which we wrote about earlier on our autoportal;
- all maintenance is carried out in a dealer service - even changing a light bulb or switching from summer tires to winter tires (read carefully the warranty and the conditions under which it may be denied).
Try not to violate these points, otherwise the return can be a very problematic event.
Practical advice
Making a return is pretty easy. First of all, make sure that you have not violated the warranty rules in any way. Next, you need to contact the authorized person of the car dealer with a statement that lists the reasons for the return:
- frequent breakdowns;
- the car was under repair for more than 45 days;
- for one year of warranty, the car was repaired for more than 30 days;
- failure of certain systems: gearbox, radiator, suspension, etc.
The return can be carried out during the warranty period, as a rule it is 100 thousand kilometers or 3 years of use.
The dealership must respond to your application within 10 days. If there is no response in a timely manner, then, according to the law, you have the right to file a claim. For each day of delay, a fine of 1% of the total cost of the vehicle at the time of sale is imposed on the salon. In addition, if the car was bought on credit, the salon will be required to pay all your interest expenses. Plus moral damages and the costs of the trial.
In some cases, you may need the help of an auto expert, for example, if the salon will prove that you filled in the wrong oil or changed the timing belt to a non-original one yourself. In any case, if you win the trial, you will be required to compensate for these costs.
To be more convincing, keep all invoices, estimates, cost estimates and troubleshooting from official dealer service stations. According to the warranty, in the first year or two, repairs should be free of charge, however, the work performed will be displayed in the diagnostic card.
Winning such a case, if you did not violate the terms of the guarantee and kept all payment documents, is not difficult. You can be offered both a replacement car for a new one, and an equivalent amount of money. What to choose is entirely up to you.
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