Termination of the contract of sale of the car. The concept of significant deficiency

The acquisition of any expensive item must be accompanied by the execution of standard documents to help resolve possible conflicts in the future. The car is no exception - it's hard to think of more expensive purchase not classified as real estate. The reason for the correct change of ownership of the vehicle is always a normative act -. The scope of its application is quite wide - the document is used not only for resolving disputes, but also for registering a car and resolving other bureaucratic issues. If the provisions enshrined in the agreement are not complied with, one party to the second participant in such a relationship can terminate - it is very important to know how this is done in order to achieve a positive result for sure.

Background and preparation

Car return cases

After analyzing the existing legislation, it is possible to form a conclusion about the existence of several possible aspects of terminating the contract. The most popular is the mismatch of the car with the previously mentioned parameters. through the salon, you rarely get vehicle, located directly on its parking lot - in many cases, the company orders it from the importer or directly from the manufacturer. If the arrived car has a different color, technical parameters, has significant visible defects, you have the right not to sign the act of acceptance and demand a complete cancellation of the transaction.

It also happens that a car dealership receives a large batch of cars using a bank account. The collateral is often the product itself - that is, the car. Even when the contract is drawn up according to current rules you may run into trouble during the operation of transport - when a financial institution requires the seller to transfer collateral. When you see the registration information of the car, do not be lazy and create a request in single base these mortgage cars - if the answer is yes, you can immediately begin the procedure for terminating the contract. The only possible exception is the circumstance when this condition is stipulated at the conclusion of the transaction and is contained in the civil document itself.

The reason for the cancellation of the contract is the concealment of defects in cars. You may be surprised, but this rule also applies to used vehicles bought on secondary market. In the absence of a mention in the contract of the warranty time, the buyer is given a period equal to 2 years, during which he has the right to challenge the performance of the contract and terminate it. The main difficulty is to get proof that you are not the culprit in the formation of defects.

Collection of documents

If you are going to perform a similar procedure, first prepare all the papers necessary to start the official proceedings. You must have an agreement signed by both parties - without it, it makes no sense to start proceedings. If you received new car, the company should have issued you an acceptance certificate. If the case requires litigation, he will play important role in establishing justice.

Appeal to such authorities will also require the payment of a court fee - keep a receipt for such a payment. If you are going to terminate the car through the court, make sure you have a copy of the created statement of claim and confirmation of its sending to the state judiciary and the defendant by registered mail. Finally, it is worth preparing a letter of claim in writing - about a quarter of cases are resolved at the stage of its formation without the participation of the court. A claim for termination of a contract always contains the following elements:

• Notification of the filing of a court statement of claim in case of failure to comply with your requirements.
• The requirement to cancel the contract and return the parties to the values ​​that serve as the subject of the agreement - finance and the car.
• Enumeration of the reasons for the return of transport, detailed description identified defects or non-compliance with the agreed conditions.

Termination procedure

General aspects

As mentioned above, termination in some cases is carried out even before the transfer of the process to the courts. Many such circumstances arise when the defects of the car are so visible and undeniable that the seller is left to admit guilt. However, some can stand their ground to the last - you will have to fight them, sparing no effort. After writing a claim, make a copy of it, and send the original to the guilty party by registered mail, not forgetting to get a certificate of sending such documentation - it will also be applied when terminating your contract. If after a month the previous owner of the car has not responded to your requirements in any way, complete the application in a standardized form.

It is advisable to consult with an experienced lawyer - he will point out possible errors made to the documentation by you and give advice on how best to submit information in order to increase the likelihood of obtaining a positive result in a dispute relating to the purchased car. All the papers that you plan to use during the termination of the contract must be indicated in the annexes to your application - otherwise, problems may arise when they need to be introduced into the process.

When buying on the secondary market

Unfortunately, the legal norms “On the Protection of Consumer Rights” do not apply to those formed between individuals relationships - they will not work. You need to mention in the application that your fair claims are regulated by paragraphs of the Civil Code No. 475, 470, 469, 454, 450. In addition, be sure to indicate in the claim that you require the return of the amount of money spent, including the amount for the purchase road transport from the seller, confirmed legal costs and other amounts that are associated with such a termination process.

The most typical move of the defendant is to state that the defects and shortcomings of the car arose solely through the fault of the buyer. You should definitely request an independent review. technical nature- the costs are borne by the losing party, since the decision on the appointment of such an examination is formed by the court. If the buyer is right, the judge almost always forms a decision in his favor - confirmation is the issuance of an affirmative opinion by an expert technical commission.

Buying a new vehicle

When a car is bought new, the procedure changes somewhat - you can already use the provisions of the law mentioned above. If a manufacturing defect, obvious defects, shortcomings, traces of damage are found, it is necessary to request a technical expertise to terminate the contract. If the case concerns a bank loan received by a car dealership, be sure to bring the information certificate issued in the register of pledged cars.

The most simple way is to terminate the contract for the sale of a car if the company issued a vehicle that does not meet the agreed conditions. It will be enough for you to point out the differences in the data in the contract, the existing act of acceptance and transfer of the object and the work order. In the absence of gross violations of the conditions by the applicant's side, the court will make an affirmative decision on the demand to terminate the contract.

If you sold

Can apply to official bodies. An example is the case when the client does not fulfill the conditions regarding the payment of a fixed amount of funds within a documented period. The procedure is completely similar to that indicated above - first you need to send a written claim, in the content of which you must state your objections in full. After one month, the legislation gives the right to form a standard application.

The termination of the contract is carried out solely through the application of paragraph 439 of the Civil Code - this must be taken into account when drawing up the document. The official authorities are presented with an agreement and other documents that regulate your cooperation with the buyer. Also, for termination, you will need evidence of the absence of payment by the responding party - this may be an account statement, when available. When the defendant does not provide full evidence of payment of the agreed amount of the car valuation in full, he is forced to return the car and pay compensation for wear and tear of the vehicle due to its continuous operation.

How to avoid such problems?

Of course, such a way of solving the troubles that arise during economic relations is quite acceptable, but it is better not to bring it to it so as not to waste your personal time, financial resources and nerves. It is possible to avoid problems with the contract if you order a car on a completely independent service company even when buying a new vehicle. In addition, you will immediately check the car in the database of collateral and registration units of law enforcement agencies - this will also help you to be calm about your property. Finally, do not enter into a sales contract without prior careful study - it may contain clearly unfavorable provisions for you.

Termination of the contract for the sale of a car is unpleasant and long, but quite real. Especially when it comes to terminating a contract with a car dealership. If the car was bought "with hands", then everything is much more complicated.

When the contract is terminated, the car is returned to the seller, who is obliged to return the money for the car to the buyer. Key point: the famous Consumer Protection Act only applies if the car was bought from a showroom. If you need to terminate the contract for the sale of a car "from hand", then you need to refer to the Civil Code (first of all, to Article 450), and not to the law "On Protection of Consumer Rights".

It is important to know: in theory, everything is simple and clear. Practice from theory, as always, is very different, and "pitfalls" appear where no one expects them. Our lawyers are ready to completely relieve you of the headache with termination of the contract, and provide you with this turnkey service.

There is another option - you can contact us for free legal advice, where we will tell you how to proceed in order to terminate the contract for the sale of a car, what to fear and what to pay attention to when terminating the contract. In this case, you will do all the procedural actions yourself.

Why can I terminate the contract of sale with a car dealership?

First, let's talk about terminating the contract with the car dealership. In this case, we use the law "On the Protection of Consumer Rights".

It is important to know: from the point of view of the law, a car- it's technically complex goods(item 2 of the List of technically complex goods).

What are the reasons for terminating the contract? during the first 15 days? This is stated in article 18 of the law "On the protection of rights ...". The buyer has the right to terminate the contract for the sale of a car with a car dealership if defects are found in the car. Any imperfections, no matter how small. You can return the car and get your money back within the first 15 days after the transfer of the car to the buyer.

By the way, the buyer can present other requirements to the car dealership (reduce the purchase price, for example), but we will not touch on this in this article. If you are interested - contact us for a free consultation.

If defects in the car were revealed later than 15 days after the transfer of the car to the buyer, then the contract can be terminated in the following cases:

• If the car has a significant flaw.
• If the salon took the car for repairs, but violated the deadline for this repair.
• If the buyer cannot use the car for 30 days or more during the year due to the fact that this car has to be repaired.

It is important to know: significant defects are such damages that cannot be repaired, or which can be repaired, but it will take a disproportionate amount of money or time, as well as defects that appear after appropriate repair, that is, they do not disappear after elimination.

It is important to know: the term for car repair is determined by the agreement between the car dealership and the buyer. In any case, the repair period cannot exceed 45 days. That is, if the salon repairs the car for 46 days, then you can demand the termination of the contract for the sale of a car with a car dealership.

Termination of the contract for the sale of a car if this car is pledged to the bank

It happens that a car dealership buys cars, taking a loan from a bank for this. The purchased cars serve as collateral. The salon has the right to sell pledged cars, but only on the condition that the buyer knows about the pledge (Part 1 of Article 460 of the Civil Code of the Russian Federation). If the car dealership deceived the buyer, that is, it sold the pledged car, although the contract states that there is no pledge, then the buyer has the right to demand termination of the contract for the sale of a car with a car dealership (Part 1 of Article 460 of the Civil Code of the Russian Federation).

Important to know: when you make a claim to a car dealership, you must prove that you are right. You may need an autotechnical examination, which will establish what caused the car's flaws. We are ready to take on all the work on this issue.

The procedure for terminating the contract for the sale of a car with a car dealership

You should start with a pre-trial claim. If you skip this step and immediately send a lawsuit to terminate the contract to the court, the court will not consider this lawsuit. There is no prescribed form for filing a complaint. That is, it is written in free form. The claim must indicate the circumstances of the case: when you bought the car, what shortcomings were discovered and on the basis of which articles of the law “On the protection of rights ...” and Civil Code you want to terminate the contract of sale of the car. If you conducted an examination, then you need to attach documents on its results.

The claim must be sent by registered mail with acknowledgment of receipt, so that the car dealership could not later say “but we did not receive anything.”

Further, the dealership can agree with the requirements of the buyer and return the money, in which case the case will be closed. Or he may not agree - and then the salon is obliged to appoint an examination at its own expense (Article 18 of the law "On the Protection of Rights ..."). If the examination comes to the conclusion that the buyer is to blame for the defects, then he will have to reimburse the salon for the cost of the examination.

Let's say the case goes to court. You need to file a lawsuit to terminate the contract of sale of the car in court. Article 131 of the Code of Civil Procedure says that you need to write in the claim:

• the name of the court in which this claim is filed (at the location of the car dealership);
• Name and place of residence of the plaintiff;
• the name of the defendant company;
• the essence of the matter - what is the violation of the rights of the buyer. Here you need to describe the whole situation. You can not do without specifying specific articles of the Civil Code and the law "On the Protection of Rights ...", which give the plaintiff the right to demand termination of the contract for the sale of a car with a car dealership;
• information that the pre-trial procedure was observed (that a claim was sent);
• list of attached documents.

Yes, the lawsuit itself is far from everything. You must also attach documents that confirm your correctness. At a minimum, these should be:

• a copy of the car purchase agreement;
• act of acceptance and transfer;
• receipt of payment of state duty;
• tear-off coupon confirming the direction of the claim to the seller.

Perhaps there will be other documents - you need to look at the situation.

The court may appoint its auto technical expertise so that she figured out who is to blame for the appearance of the marriage of the car. It is likely that the court will decide to terminate the contract for the sale of the car, based on the data of this examination.

Lawyers say that winning in court is half the battle. If the buyer wins the court, then the next stage begins - enforcement proceedings. The car dealership can pull with the payment of money for months. In this situation, you also need the help of a lawyer.

It is important to know: in this article it is impossible to tell in detail about everything, there are too many nuances and different conditions on which the progress of the case depends. But at a free consultation, it will already be possible to speak more specifically and more precisely.

How to return a car that was bought "with hands"

If the seller, as they say, "rested", then the termination of the contract for the sale of a car turns into big problem. When terminating a contract with an individual, when the car was bought "from hand", you need to rely on Articles 450 and 475 of the Civil Code of the Russian Federation.

Article 450 of the Civil Code of the Russian Federation states that the contract may be terminated by a court decision in case of a material breach of the contract by the other party. The question arises as to what constitutes a fundamental breach of contract. The Civil Code only says in this regard that this is a violation “which entails such damage for the other party that it is largely deprived of what it was entitled to count on when concluding the contract.”

In other words, it is impossible to say anything for sure. In fact, you need to convince the court that the truth is on your side. And in the case of buying a car "from hand" it will be extremely difficult to do this without an experienced lawyer.

Why You Need an Experienced Lawyer

Any car dealership has lawyers whose main task is to make sure that a dissatisfied buyer cannot return the car and receive money. You can be right, but the lawyers of the opposing company will play for time and shake your nerves in the hope that the buyer will get tired of fighting and reconcile.

If the car was bought "from hand", then a lawyer is all the more needed, because practice shows that such cases are very complex.

In addition, by contacting a lawyer, you will keep the usual rhythm of life - no collection of documents, no hanging around the thresholds of courts and car dealerships, no reading of the Civil Code. Lawyers will do everything themselves.

Some legal issues only seem simple, and terminating a car purchase agreement is just such a case. Return the car according to the law and get the money - what could be difficult here? And the difficulty is that the car dealership considers the issue of selling the car closed and really does not want to part with the money and take the car back.

Therefore, take advantage of our free legal advice, which does not oblige you to anything. To do this, just call or write a message in the form below. You will ask questions that interest you and receive direction for further action.

Our practice shows that in the process of terminating a contract for the sale of a car with a car dealership, many difficulties always arise, and only a person can find the right solution in a situation. knowing the laws RF. Therefore, competent legal consultation, in matters of consumer protection, will never be superfluous.

Confirms the transfer of the car from one person to the property of another for a certain amount. A properly executed document is legally binding, and the transaction is subject to all consumer rights in accordance with the legislation of the Russian Federation, since it is governed by the provisions of the Civil Code. The contract is subject to termination only by mutual decision or by judicial procedure.

Conditions for terminating the contract

A vehicle is a technically complex product. It cannot be returned in the standard way within 14 days at the request of one of the parties.

In accordance with Article 18 of the Consumer Rights Protection Law, a contract can be unilaterally terminated in two cases:

1. The car was bought "under the order" or remotely, and the data on the vehicle (complete set, appearance, specifications) completely or partially do not correspond to the information in the concluded contract.
2. Significant shortcomings were found that affect the safety of the buyer during operation and / or lead to the inability to use the transport for its intended purpose, which arose before the transaction was completed, due to the fault of the seller or reasons that occurred before the purchase.

If the buyer is notified of all the shortcomings in writing, it will not be possible to return the car unilaterally. As confirmation of the shortcomings, an act of a technical inspection of a car at a service station before sale or clauses of an agreement that spell out the shortcomings identified during the sale can be used.

It is impossible to terminate the contract of sale if the buyer does not have a copy of it.

Cancellation procedure

It is almost impossible to terminate a contract of sale between individuals unilaterally. The difficulty lies in the fact that it is difficult for the buyer to prove that defects in a used car were deliberately hidden by the previous owner. Practice shows that the defects that have arisen are associated with the fault of the buyer or the reasons that arose after the purchase.

If the car was bought in a car dealership "on order" or remotely, and the term and procedure for return is not specified in the contract, the car is returned within three months. At the same time, all consumer characteristics and the original appearance of the product must be preserved.

You need to carefully consider the timing of the transfer of the fitted car to the customer. Usually this period is calculated in calendar days, unless otherwise specified in the contract. For late delivery, the buyer may recover certain sanctions from the seller:

• demand a refund of the deposit and terminate the contract;
• demand payment of interest for each day of delay.

If interest rate not specified, there is a calculation formula: the prepayment amount is multiplied by the bank refinancing rate as a percentage and divided by 360 days, the resulting value is multiplied by the number of days of the delay period.

To return a new car to the seller, you must make sure that the defects that have arisen are not in the list attached to the contract. An independent examination of the technical condition is carried out this transport or the conclusion of checking the condition of the car is taken in service center, ONE HUNDRED. Its result should confirm that the fault for the occurrence of defects does not lie with you.

Only if there is written evidence, a claim is made. There is no approved form - the document is drawn up in any form in the name of the seller (organization).

• The last name, first name, patronymic of the buyer, his mailing address, contact phone number. The text of the claim specifies the number and date of the contract under which the car was purchased.
• The text may look like this: "I, Ivanov Ivan Ivanovich, purchased at the Express car dealership at 14 Metallurgov Ave., Moscow, an Opel Vectra car (all technical data of the car are indicated) in accordance with the sales contract No. 10 dated March 10, 2014".
• Further, the shortcomings are indicated in detail with a description of the time of detection and the conditions under which they manifested themselves.

References to laws and regulations are indicated, according to which the claim is subject to satisfaction, the period during which the seller is obliged to respond to your requirements is prescribed. All attached documents should be listed. The paper is drawn up in two copies. On your seller puts the date of receipt, signature and seal of the organization, the second copy remains with him. The standard review period is 30 days, after this period the seller is obliged to notify in writing of the decision.

If the claim is ignored or not fully satisfied, a statement of claim is drawn up in court. A copy of the application with all accompanying documents is attached to the application. It is recommended that you keep copies of all documents submitted for litigation. Before going to court, you should consult with a lawyer about the legitimacy of the claim and the correctness of the paperwork. In some cases, the court will require a document with a revaluation of the value of the car after the manifestation of defects based on an independent examination.

Cases from judicial practice

In some cases (for example, in case of delay in the delivery of a car), car dealerships are interested in resolving the conflict mutually at the pre-trial stage. The seller may offer to improve the car at his own expense or install additional equipment. How to proceed in this case, the buyer decides.

If the buyer after a while decides to change the configuration or color of the car, then such a decision does not fall under the terms of termination of the sales contract. In this situation, you need to sell the car and buy a new one according to your own needs.

If the seller specified in the contract guarantee period car, it should not be less than the factory warranty. If the warranty has expired within the return period or is missing, this is not a reason for refusing to satisfy the claim. A period of 2 years is regulated by law, during which, in the absence of a guarantee, defects can be identified and claims made against the seller.

Practice shows that the seller can, as a satisfaction of the buyer's requirements, reduce the cost of transport in proportion to the cost of the detected deficiencies, replace the car with the same or another brand car with an additional price difference, or eliminate the deficiencies by a third party at the expense of the seller.

How to return the car to the dealer is described in the next video.

Termination of the contract for the sale of a car is possible at the initiative of the seller, the buyer, or by agreement of the parties. The grounds for voluntary or forced termination of contractual relations are specified in the Civil Code of the Russian Federation. In this article, we will consider the rules for terminating contracts for the purchase of vehicles, including in the event of a dispute with a car dealership.

General rules for termination of the contract

The vehicle is movable property, and its acquisition takes place through a purchase and sale transaction. If the seller is a car dealership, the provisions of the Law “On Protection of Consumer Rights” apply to legal relations with the buyer. By general rules termination of the contract can occur as follows:

• on a voluntary basis - by concluding a mutual agreement;
• forcibly at the initiative of the seller, including through the courts;
• at the initiative of the buyer, and the right to unilaterally withdraw from the contract is also exercised in court.

In addition to the grounds for termination of the contractual relationship, fixed in legislative acts the parties may provide their own conditions. After mutual agreement, these rules are included in the contract and must be strictly observed by the seller and the buyer.

The consequences of terminating the contract will differ significantly, depending on the grounds and initiative of such a decision.

In the absence of a dispute between the counterparties, the contract can be terminated at any time by mutual agreement. Any party can be the initiator of termination, for this it is enough to send your offer to the second party to the agreement. In order to avoid misunderstandings, it is better to prepare a proposal to terminate the contractual relationship in writing, hand it over against signature or send it by mail.

Let's single out the most common reasons why a motor vehicle contract can be terminated:

1. if the car is not actually transferred to the buyer;
2. improper quality of the car or its equipment - in this case, the seller avoids a litigation, which is fraught with penalties;
3. if the buyer refuses to pay the full cost of the car - in this case, the buyer already avoids additional financial sanctions that will inevitably follow the enforcement of the amount under the contract;
4. if the parties have circumstances that they could not foresee at the conclusion of the contract - this option implies the consent of both parties to return to their original position, i.e. the car is returned in exchange for the full price of the contract.

A voluntary agreement is drawn up in a simple written form, and the parties are not required to indicate the reasons for such a decision. The agreement contains the following points:

• date and place of signing the document;
• detailed details of the parties, passport and personal data;
• reference to the original sales contract to be terminated;
• the procedure for terminating mutual obligations under the main contract;
• the procedure for implementing the agreement - how the car will be transferred, how to determine it technical condition, return order Money etc.;
• conditions for compensation for losses, if they were caused through the fault of one of the parties;
• date from which the contract is terminated.

When the contract is terminated, the vehicle is returned to the seller. To do this, the parties draw up a transfer act, in which they record the technical condition of the machine. It is also allowed to indicate this information directly in the agreement - in this case, the document will have the force of a transfer act. Simultaneously with the return of the car to the seller, the keys, technical documentation, necessary equipment etc.

Since the re-registration of rights to a car occurs through the traffic police, after terminating the contract, an agreement must be submitted to this institution. If, when drawing up an agreement, one of the parties evades filing documents with the traffic police, you can sue the court to enforce the document.

Our lawyers know The answer to your question

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The buyer transfers the funds and has the right to expect to receive a car of good quality and within a predetermined period. If these conditions are violated, the buyer may insist on compensation for damages, or submit a request to terminate the contract. Here are some nuances to consider when terminating a contractual relationship:

1. the basis for unilateral withdrawal from the contract will be a material breach of its terms by the seller, for example, the presence of hidden flaws in the car, which the seller kept silent about; non-compliance of the machine with the characteristics specified in the contract, etc.;
2. when these circumstances are established, a written request to terminate the contract is sent to the seller;
3. in case of refusal to satisfy the demand, the buyer may apply to the court.

Proving a fundamental breach of contract can be difficult. If, immediately after the purchase, the car had to be repaired under warranty repeatedly, and the shortcomings regularly reappeared, the inadequate quality of the purchased vehicle is obvious.

However, the presence of hidden defects can only be revealed when contacting professional specialists - auto experts. If the buyer has submitted a request for termination of the contract due to hidden defects, the seller is obliged to conduct an examination. In case of refusal or evasion from the examination, the buyer can conduct it independently through an independent expert (in this case, the costs of the examination will be reimbursed in court).

10 days are given for consideration of the claim when buying a car in the salon, unless a different period is agreed upon when signing the contract. When applying to the court, you will need to confirm the direction of the claim to the seller, for this, keep the second copy of the document with a mark of receipt, or attach a postal receipt to the claim.

Termination of the contract for the sale of a car with a car dealership may be accompanied by the recovery of damages. The buyer's damages are understood to be all costs and expenses that he was forced to incur in order to protect his right. For example, the systematic allocation of funds for repairs low-quality car can be considered as a loss if supporting payment documents and a car service order are submitted to the court.

The contract is terminated from the moment the judicial act enters into force. After that, the buyer must return the car to the seller, if it was not previously accepted when filing a claim. The seller is obliged to pay the cost of the car and the penalties specified in the court decision. Enforcement of these requirements will occur through the FSSP service, for this you need to get a writ of execution in court.

The seller is also granted the right to terminate the sales contract if material breaches on the part of the buyer cause material losses. The key obligation on the part of the buyer is to pay for the purchased car on the terms of the contract - in installments or credit, full payment, etc. If the seller has not received the agreed amount on time, he can take the following actions:

• send a written claim for the repayment of the arisen debt and the possibility of early termination of the contract (the repayment period must be reasonable, or comply with the terms of the contract);
• if the demand for repayment of the debt is not fulfilled, a claim can be filed with the court for the recovery of the debt with a penalty, or for the early termination of the contract;
• if a claim for termination is filed, the seller has the right to recover a penalty or damages according to the rules fixed in the contract.

Since early termination is allowed only in case of a material breach of the terms of the contract, we should be talking about a significant amount of debt. A minor one-time delay will not be a material breach if the buyer has subsequently rectified said breach. The burden of proving these facts rests with the plaintiff.

If the court decides to terminate the contract, the buyer will be obliged to return the car in exchange for the money paid. It should be borne in mind that the money will be returned taking into account the actual wear and tear of the car, especially if a significant amount of time has passed since the purchase.

Another reason for terminating the contract will be the refusal of the buyer to pick up the vehicle. If money was paid for the car, it will be returned to the buyer minus the actual costs of the seller. For example, if the terms of the contract include payment for the delivery of the car, the seller can withhold this money from the payment. The conditions for the return of the parties to their original state will be specified in the judicial act, if such a claim is made by the seller.

Also, the contract may contain a condition for the buyer to conclude a CASCO insurance contract (as a rule, this requirement is included when registering a car on credit). Refusal to conclude an insurance contract is also recognized by law as a ground for termination of contractual relations at the initiative of the seller. If such a claim is filed in court, the buyer can fulfill the terms of the contract and provide evidence of the purchase of the policy. In this case, the claim may be dismissed if the conditions of insurance comply with the provisions of the purchase and sale transaction.

Buying a car is an extremely responsible and important matter in the life of every person. But sometimes circumstances develop in such a way that the transaction ceases to satisfy any party and termination of the contract for the sale of a car is required. For this kind of operation, there are many ways and they need to be analyzed in more detail. Here we will touch on each of the options and help a person who finds himself in such a difficult and unpleasant situation decide on a solution to the problem.

If there are certain reasons, the buyer or seller of the car can demand the termination of the contract of sale

Details of termination of the contract between individuals

Often, termination of a car sale and purchase agreement is required in a transaction between individuals when a used car is sold and purchased. But the procedure varies depending on who has expressed a desire to terminate the contract. The initiative can be put forward by one side or by mutual agreement. Now about each of the options in more detail.

How to terminate the contract at the initiative of the buyer?

When buying a used car, you cannot be completely sure of it, as often everything turns out so that the buyer is not satisfied with the purchased vehicle, and he wants to return it back to the seller. This usually happens due to the discovery of hidden defects that have become an unpleasant surprise for the new owner. Unscrupulous sellers can keep silent about some malfunctions of the car, keep silent about past accidents with its participation, and due to this, increase the price. With the naked eye during a cursory inspection before buying, it is extremely problematic to notice them without. That's why new owner buys a car without suspecting anything, drives it without problems soon, and then these same hidden flaws, which, most likely, will have to be eliminated for a “round” sum.

In such a situation, the buyer expresses a desire to terminate the contract of sale and return the car to the previous owner, and in return receive his money back. However, all the pitfalls under such a combination of circumstances are discovered by the buyer, and in this case the law is not on his side. The famous Consumer Rights Protection Act is relevant only when a dispute has arisen between an individual and legal entity. The new owner of the ill-fated "wrecked" will have to be content with only Article 450 of the Civil Code Russian Federation, which states that the termination of the contract for the sale of a car is allowed only if complete failure its performance by some party or by mutual consent of individuals.

The seller who deceived the new owner, most likely, will not want to meet him halfway and give the money back. Therefore, when buying a used car, be extremely careful and do not save. As the saying goes, a miser pays twice.

How to terminate the contract by mutual agreement of the parties?

If the buyer is dissatisfied with the purchase of a car for a number of reasons, then he has every right to demand from the person who sold such a vehicle to him a full refund of the money paid, pointing out all the flaws and malfunctions in it to the selling party. When good luck circumstances and the consent of the dishonest seller, it is necessary to formalize the termination of the contract in writing. This opportunity must be used without fail, even if you are sure of the refusal by the deceiver.

If the seller refuses to return the money and does not get in touch, then the buyer must send him a letter with the following requirements:

• First, you need to list all the faults in the car;
• Secondly, to require the seller to return the amount paid for him back and terminate the contract;
• Thirdly, to inform him of the further appeal to the court in case of failure to comply with the previous two paragraphs.

Can't take the case to court

By registered mail, such a list of claims is sent to the address of the seller. If they are ignored by the selling party, the buyer can achieve his goal only in court.

How to terminate the contract through the court?

When it is not possible to “solve the issue amicably”, then it is necessary to seek help from the court so that the conditions set are met. The location of the proceedings is determined by the place of residence of the seller, unless otherwise specified in the contract. In order for everything to go smoothly and play in your favor, before filing a claim, you must notify him of the start of the trial by sending a copy of this paper. In addition to the application, the plaintiff must confirm the payment of the court fee, present a copy of the contract certified by a notary. It is also necessary to familiarize the court with evidence of the transfer of copies of the application and claims to the defendant.

When filing a claim, describe the problem in detail. It is important to indicate the period of operation of the car by the seller, list all the main defects and malfunctions, name the real amount of damage caused by the second party. In the pleading part of the statement of claim, based on the content of a number of articles of the Civil Code of the Russian Federation, ask to terminate the contract and force the defendant to return an amount equal to the cost of the car and the damage caused. In addition to all this, the seller will have to pay legal costs. During the trial, it is necessary to apply for a special independent technical expertise, after which the exact amount of damage will be established, and, most importantly, by whom and when the damage was caused, as well as the degree of its influence on driving performance auto. Due to appointment this study the plaintiff is not required to pay. All costs of the trial are covered by the loser. Often it is this examination that puts an end to the court, and the plaintiff wins the case.

Often deceived buyers terminate the contract through the courts

How to terminate the contract at the initiative of the seller?

Less often there are situations when the seller wants to break the contract. This is mainly due to non-payment by the buyer of the cost of the car or partial payment.

The process is very similar to the termination of the contract for the sale of a car by the buyer, but it has its own subtleties. First, a letter is sent in the same way to the address of the new owner with demands to terminate the contract and return the car with reference to Article 439 of the Civil Code of the Russian Federation. If they are ignored by the buyer for a month, you can safely sue the buyer with the same claims. The procedure and the set of necessary papers are the same as in the proceedings initiated by the other party.

How to terminate the contract with a car dealership and get your money back?

Cases of termination of the contract of sale of a car occur not only when selling a used car with many hidden defects and unknown history. Sometimes when buying a new car, you may experience serious problems. This happens for many reasons. For example, the sellers slipped a car with a poorer equipment or a different engine, the color is different from the one the customer wanted. But this is not the worst. Even in new car you can find defects or manufacturing defects that cannot be repaired, or the elimination will be very expensive. In this case, the person who bought the defective car must also make demands to the car dealership and return their money back. Sometimes sellers in dealer centers in pursuit of profit, they are distinguished by unprecedented impudence and sell cars that are pledged to the bank. Accordingly, the car owner who bought it for himself will not be a full-fledged owner.

In some cases, even a car dealership can be deceived.

Of course, first of all, the deceived client must apply in writing to the car dealership and try to resolve this issue without resorting to litigation. First you need to notify the seller of your dissatisfaction with their products by sending ordered letter listing all the shortcomings of the car and your claims. Be sure to ask for a return letter full cost purchased car. In contrast to the previous situations, here the consumer has an advantage in the form of the Consumer Rights Protection Act. But, most likely, the salon will not make concessions to the client for some reason. Since the majority car showrooms have a fairly large staff of good lawyers who will not allow the case to be turned against the dealer, then they should not be afraid of the court. Accordingly, if they are not afraid of the court, then they are unlikely to resolve this issue with the owner of the car “in a good way”. Therefore, it is extremely problematic to return your money from such unscrupulous sellers.

But in no case should you give up, giving a lot of your money to scammers. The buyer has every right to sue and require them to pay for all damages. The procedure is no different from the schemes described in the previous sections. But the main trump card here is the law "On Protection of Consumer Rights". Among other things, you need to prove that the car is in pledge. This can be done by obtaining a certificate from a specialized database where such cars are listed.

If hidden defects are discovered during the trial, the plaintiff must apply for a special examination, which will confirm their presence. Everything is similar to the procedure during the trial between the seller and the buyer as individuals.

If the customer discovers a mismatch in the configuration or in the new purchased car with those that he ordered and indicated in the contract, then you can prove your case in court with the help of papers that can confirm the original form of the order. The court in most cases takes the side of the buyer deceived by the car dealership when the data in the papers contradict the content of the purchase.

How not to bring the situation to the termination of the contract?

In order to avoid unnecessary problems, wasting a lot of time and nerves, you should not bring the matter to the termination of the contract and litigation. Simply, when buying a car, you need to be attentive to all the details and not let the seller or buyer deceive yourself.

• Firstly, do not save on the diagnosis of the purchased car and order an inspection at a car repair shop;
• Secondly, it is necessary to find out in the State traffic inspectorate whether the vehicle is registered and whether it has restrictions on registration. Be sure to check the special identification numbers on the body and chassis;
• Thirdly, find out if the car is pledged to the bank or someone else. Check for availability of all documents related to the car;
• Fourth, draw up the contract carefully, taking into account all the details and do not forget to include clauses on the onset of liability of the parties in case of non-compliance with the conditions.

Be careful when buying a car

It is better to spend a little more of your time and complete all these points than to go to court to terminate the car purchase agreement and try to get your money back.