Sample (download example): Claim for a refund for a faulty car

Last modified: June 2020

After purchasing a new car at a car dealership, the consumer is not insured against breakdowns, since manufacturing defects are most often discovered during the operation of the equipment. If a citizen intends to return a defective product to the seller, he has the right to do so on the basis of Article 18 of the Law on the Protection of Consumer Rights. In this article we will look at in what cases you can file a claim for the return of a car, how to correctly draw up one and submit it to the car dealership.

In what cases can you file a claim with a car dealership to return a car?

The reason for contacting a car dealer with a claim is a violation of the terms of the purchase and sale agreement and warranty service.

The client has the right to demand the return of equipment to the store in the following cases:

The seller provided incomplete or false information about the product;
The vehicle was found to have minor defects within 15 days of purchase;
Two weeks after purchasing the car, a significant manufacturing defect appeared that prevents the product from being used for its intended purpose;
The product was transferred to the seller for warranty repair, but the repair period was exceeded;
The car was repeatedly sent for warranty repairs, and therefore the buyer was deprived of the opportunity to use it for its intended purpose for more than 30 days during the year.

The easiest way is to return the vehicle within 15 days after purchase , since the seller is obliged to accept the goods if there are any defects that arise through his fault. After this period, you will need to prove that the identified defect in a used car is a warranty case. Therefore, it is advisable to contact the dealer’s service center and insist on an examination.

You should know! Filing a pre-trial claim is an important step in resolving a dispute with a car dealership. If the claim procedure is not followed, the car owner may be refused in further resolution of the case in court.

Important nuances

Drawing up the act is very important.

It is drawn up simultaneously with the contract and is called the acceptance document. It must indicate that when the vehicle is handed over to a car service center, the car has no defects. Otherwise, it will be difficult to refute any information about damage, proving its occurrence during the repair period. A list of all items located in the cabin or trunk is also indicated - mats, repair equipment, first aid kit, etc. If after the service the owner notices new scratches, damage, deformations, he will be able to demand compensation from the work contractor.

Expert opinion
If the terms of the contract contain clauses that infringe on the legal rights of the customer or reduce the level of responsibility of the contractor, then they are declared invalid. This rule is contained in paragraph 2 of Art. 400 of the Civil Code of the Russian Federation, as well as paragraph 1 of Art. 16 of Law No. 2300-1 of 02/07/1992. For example, the amount of the penalty. In Art. 28 of Law No. 2300-1 indicates the amount of 3%. If the agreement specifies a lower value, then the car owner has the right by law to demand payment in full.
Lawyer for consumer rights protection Krasnov S.Yu., Perm

How to correctly write a claim to return a car?

You should file a claim as quickly as possible so as not to miss the deadline for resolving the dispute with the seller.

The document is drawn up in free form and must contain the following information:

The name of the car dealership in accordance with the extract from the Unified State Register of Legal Entities;
Full name of the buyer, his address and telephone number for contact;
The circumstances that served as the basis for filing the claim;
List of identified defects;
Legal references;
Request for refund;
List of applications.

At the end of the document is the date and signature of the applicant with a transcript.

What to do after discovering a deficiency

When you discover any defect, no matter whether the stove stopped heating, fuel consumption turned out to be higher than stated, or the suspension began to rattle, you should send a claim to the seller. You can demand replacement of the product with recalculation of the cost, elimination of defects free of charge, or complete termination of the contract with a refund.

You can demand a refund if the defect is significant, the car is under repair for more than 30 days a year, or the seller violates the deadlines for voluntary elimination of the defects.

Samples of claims for car return

If you encounter any difficulties when drafting a letter of claim, we recommend using samples prepared by experienced lawyers.

Using the links below, you can download a suitable sample claim for the return of a car:

Due to failure to provide complete information about the product;
Within 15 days in connection with the identification of a deficiency;
Due to the presence of a significant deficiency after 15 days;
Due to violation of the warranty repair period;
Due to the vehicle being under warranty repair for more than 30 days within 12 months.

Exchange and return of a car to a car dealership: recommendations from lawyers

As judicial practice shows, winning in such cases depends on many factors. Often the court sides with the consumer, obliging the salon to return the money. There are also opposite cases when it is not possible to establish that the car was sold of inadequate quality, and the defect is not significant.

When going to court, your interests should be protected by a good lawyer, so your chances of success will be much greater, because every car enthusiast cannot know all the pitfalls of such cases.

How to file a claim for a car of inadequate quality?

The claim is submitted to the car dealership employees responsible for working with consumers. The store registers the request and gives the consumer a copy of the application with a receipt stamp.

If the client does not have the opportunity to visit the car dealership in person to file a claim for a low-quality car, he can entrust this issue to a representative by issuing a notarized power of attorney for him.

Important! The client has the right to send documents by mail using a registered letter with notification. Upon receipt of the postal item, the addressee puts a mark in the notice, which is returned to the sender. The notification is evidence of compliance with the pre-trial procedure for resolving the dispute.

Reasons for drawing up

Law No. 2300-1 provides for the possibility of exchange or return of both high-quality and low-quality goods (Article 18, Article 25 of Law No. 2300-1). A product in which one or more defects were found is considered to be of poor quality, which is the basis for filing a claim with the seller or manufacturer regarding the quality of the purchase.

A defect means any non-conformity of the product:

requirements established at the legislative level;
the terms of the purchase and sale agreement concluded between the seller and the consumer;
the purpose for which it is intended;
goals that were voiced by the consumer in the process of selecting the required product by the seller;
the stated description or properties about which information was provided to the consumer at the time of purchase.

To recognize a product as being of poor quality, the presence of one of the above defects is sufficient.

A significant defect is a defect in a product due to which it cannot be used for its intended purpose, the defect cannot be eliminated, or it appears again after its elimination, while the consumer cannot take advantage of all the properties of the product due to the manifestation of a particular defect (Regulation of 06/28/2012 No. 17).

If the product has any defect, the consumer receives a useless purchase , since he cannot fully use the product for its intended purpose. To protect his rights, first of all, he can make a claim regarding the quality of the goods to the seller.

What to do if the dealer refuses?

The owner may face refusal to comply with the requirement. In such cases, you must prepare a written claim and send it to the dealer. If this does not give the desired result, you should go to court.

Grounds that the seller may rely on

The reasons for refusal of repairs are not established by law. In practice these include:

servicing a vehicle at a center that does not have a certificate or with which the seller does not have an agreement;
violation of technical inspection deadlines;
moisture getting into internal parts due to the fault of the car owner;
actions of third parties - road accidents, natural phenomena and other circumstances for which the seller is not responsible;
improper use, such as off-road driving or speeding.

How to properly file a claim if you were refused illegally?

The claim to the seller is made in writing, in two copies, one of which remains with the owner. In addition to information about the parties to the contract, the text must indicate the requirements. The wording may be as follows: “Based on the above, I demand, within 10 days from the date of receipt of this claim, to repair the car free of charge or reduce its cost. Otherwise, I will be forced to resolve the dispute in court.”

Claim:

sent by mail;
through the Internet;
transmitted personally or through a legal representative.

Procedure for going to court

If the requirements are refused or the claim is left without consideration, the owner may go to court. To do this, you need to fill out a statement of claim and attach to it:

documents related to the transaction (contract, transfer and acceptance certificate, warranty card, check);
letters of claim;
receipt for payment of state duty.

The size of the latter is determined by Article 333.19 of the Tax Code of the Russian Federation and depends on the value of the dispute. The claim is considered within 2 months.

The purchased vehicle can be repaired at the seller's expense if the case is covered under warranty. After a preliminary assessment, the dealer makes a decision. In case of refusal to satisfy the requirements, the dispute can be resolved in court.

If you find an error, please select a piece of text and press Ctrl+Enter.

Time limit for carrying out work in accordance with the law

All work must be completed by the customer within the period established by law . In some cases it may be extended. The customer is responsible for violating the established deadlines.

The consumer cannot demand the presentation of a replacement vehicle during the period of work. Such a ban was established by Decree of the Government of the Russian Federation of January 19, 1998 No. 55.

Maximum duration

According to the rules of Article 20 of Law of the Russian Federation No. 2300-1, the duration of work by the contractor cannot exceed forty-five days. The parties, when selling a car, can determine any period. But it should not exceed the maximum established period.

The period is calculated in calendar days, not business days.

Can it be extended?

The possibility of extending the period for completing work is defined in Article 20 of the Law of the Russian Federation No. 2300-1 . This will be possible in the event that the deficiencies cannot be eliminated within the stipulated period. The Law does not establish a clear list of reasons. This may be due to the complexity of the repair. Lack of necessary equipment, spare parts and materials cannot serve as a basis for extending the period.

Responsibility for violation of deadlines

The penalties applied to an unscrupulous performer are defined in Article 23 of Law No. 2300-1. They are expressed in the accrual of penalties. Its amount is 1% of the total cost of the car.

In case of failure to fulfill obligations, the customer may make other demands provided for by the Law “On Protection of Consumer Rights”, for example, to reduce the cost of the car.

How is the TS reception done?

The vehicle is accepted at the place of repair. Before handing over the vehicle, a preliminary inspection is carried out and its general condition is assessed. All detected defects are recorded. Based on the results, a transfer and acceptance certificate is drawn up.

It should indicate:

Date and place of compilation.
Information about the customer and contractor - last name, first name, patronymic, passport details, company name.
Reasons for drawing up the act. In this case, this will be a warranty repair.
Detailed information about the car - make, model, color, year of manufacture, cost.
Defects identified during inspection.
Signatures of the parties or their legal representatives.

The act is drawn up in two copies, for the customer and the contractor.

Troubleshooting and defects

And finally, the main question. So what are the minimum and maximum terms established for work related to warranty repairs and service?

First, you need to look through the documents issued upon purchase. They may indicate the time it will take to correct a particular problem. If it is not indicated in the documents, and the seller or manufacturer, when they accepted the specified product from you, did not write such a period anywhere, then the repair work must be completed within a reasonable time necessary to eliminate the existing defect. How do you know what time frame is reasonable? It’s very simple: go to several organizations that provide this type of service and ask them how much time it takes for such work.

But the time to fix the problem can be set. In this case, the maximum period is exactly forty-five calendar days. The forty-sixth day will already be a violation of consumer rights and for delay you can demand payment of a penalty. The penalty is equal to 0.1% of the cost of the goods for each day the deadline is violated.

Also, not the most unpleasant moment will be the fact that when accepting a long-term product for warranty repair, the organization must give you a similar product for use within three calendar days without charging a fee for the duration of the repair work. But this rule does not apply to all products. There are also those that cannot be replaced. For example, some medical devices that come into contact with the skin. This is logical, because through them any infection, for example, can be transmitted to you or another person.

What happens to the remaining warranty period after the product is repaired? It continues its flow, but increases by exactly the same number of days as the phone spent in repair. Don't forget about this for the future.

Costs of proving the causes of malfunctions

If an organization that previously purchased a product of poor quality or the manufacturer of such a product expresses doubts about the reason for the breakdown of the product (what if you used it incorrectly?!), this organization can conduct an examination on its own or organize an examination at its own expense. Moreover, if it turns out that the defect arose due to improper operation, ingress of liquid or other fault of the consumer, then he will have to reimburse the specified organization for the costs of conducting the examination, as well as for moving or storing the goods (if necessary).

What to do when there is no warranty for the product? In this case, the buyer must independently (meaning, at his own expense) conduct an examination to prove that the breakdown or its causes arose before the purchase and sale of the product.

And, in accordance with the Consumer Protection Law, in such situations the seller, manufacturer or even importer are responsible for the defects of such a product.

If the product is heavy (weighs more than five kilograms) or is classified as large, then the cost of moving such a product in the event of defects being identified falls on the shoulders of the seller or the manufacturer, depending on who the defrauded buyer contacted. This means that the organization either carries out the transportation itself or reimburses the costs for it to the consumer.

Deadline for eliminating deficiencies

Upon receipt of a faulty item, a store or service center employee must issue an acceptance certificate. The report describes the appearance of the product, lists traces of use if they are visible, and provides the procedure for conducting the examination.

If an employee can immediately check the device and determine whether a defect appeared before the sale, then he must draw up an act of acceptance of the goods. This act must contain the following information:

List of faults to be corrected.
Maximum warranty repair period.
Information about the seller, buyer, service center, as well as identification data of the transferred goods.

By law, the repair period under warranty should not exceed 45 days from the date of signing the acceptance certificate. This period includes diagnostics, work with the device and the day of its return to the owner. You should especially remember the date of delivery of the repaired product in cases where there are difficulties in transport delivery of the goods. Sometimes sellers try to exclude the delivery period from the mandatory period, but this is illegal.

Violation of the warranty repair period gives the owner the right to demand an exchange of the item for a serviceable one or a refund.

If the identified defect is corrected successfully, the product is returned to the owner. When handing over the corrected device, a corresponding report is drawn up, which reflects the duration of the repair work. Based on this act, the warranty is extended after warranty repairs. The obligations are extended for the period during which the consumer was unable to use the product due to the elimination of defects.