Is it possible to terminate the contract of sale of a car. Termination of the contract of sale of a car - a sample lawsuit

Termination of a contract for the sale of a car is a transaction carried out by mutual agreement between the seller and the buyer or in unilaterally However, in the latter case, it is often possible to invalidate a document only by a court decision.

According to Art. 450 of the Civil Code of the Russian Federation, termination of any contract is possible only by mutual agreement, however, its operation can be terminated by one party by a court decision in the following cases:

• Violation of the terms of the deal.
• The technical condition does not correspond to that stated in the document.

In Art. 452 of the Civil Code of the Russian Federation states that termination of a transaction through a court is possible only when a settlement agreement has not been reached and is not documented, therefore, before filing a claim, it is necessary to send a claim to the seller or buyer, for the execution of which he is given 10 days.

Procedure for terminating a deal with a car dealership

When, in accordance with the Civil Code of the Russian Federation, the buyer has the right to initiate the termination of the sales contract:

• The seller violated the terms of delivery vehicle.
• The package or color does not match what is stated in the document.
• A factory defect was found.
• The car dealership did not hand over the accompanying documents for the car.

Sellers also have certain rights that allow them to terminate the transaction if the buyer did not pick up the car within the agreed time, did not pay for the purchase, or refused insurance if it was provided for in the contract.

Most often, car dealerships, when a customer discovers a factory defect, agree to a peaceful settlement of the conflict and return the money, or change the car, but if this does not happen, you need to make a written claim addressed to the manager. What should the document contain:

• List of identified faults and inconsistencies.
• Requirement for a refund or replacement of goods.
• List of damages caused due to incompetent actions of car dealership employees.
• Warning of the intention to go to court with a claim in the absence of a response to the claim.

If it was not possible to resolve the conflict by amicable agreement, it is necessary to contact the expert department and draw up an act describing all the shortcomings, then file a lawsuit with the court, attaching documents from the expert to it.

Termination of a contract with an individual

If a used vehicle was purchased not from a dealership, then to terminate the transaction, it is enough to issue a termination agreement or physically destroy the document of sale, provided that both parties agree to this. Most often, sellers refuse to return the money, and then the buyer can solve the problem only through the courts.

What is needed for this:

• Conduct an examination technical condition car.
• Draw up a claim with a description of the shortcomings and an indication of the grounds - Art. 10 of the Federal Law "On the Protection of Consumer Rights", according to which the person is obliged to notify the buyer about the defects of the goods before the conclusion of the transaction.
• Attach to the claim a copy of the expert opinion and the contract of sale itself.

If the court satisfies the claims, the seller will be obliged not only to reimburse the buyer's costs for the examination and return the money, but also to compensate for the legal costs.

Your questions and comments

Good afternoon
I have a Skoda Octavia 2012. The headlight began to fog up, condensation forms, dripping. Does not dry out when low beam is turned on. I turned to the dealer. We carried out diagnostics, revealed that this is a natural phenomenon,. I did not agree, because the floor of the headlight was fogged up. They agreed that I pay for this diagnosis, they dry the headlight and re-arrive after 1000 km. The next day, the headlight fogged up. After 1000 km I returned to them. I left the car for the whole day, returned in the evening and was refused a headlight replacement. They said that they sent photos to their colleagues somehow and they received a refusal, this is not a guarantee. They don't say who they sent it to. Internal document flow. They didn’t give me any more papers, that they diagnosed me again. I believe that this phenomenon is not normal and is subject to warranty. Tell me what to do, how to bend the dealer to replace or fix the problem.

Good afternoon. Chery Bonus car is constantly breaking down. It is in the service more than I ride it. When I apply for a service, they don't give me work orders? Is this legal on the part of the service staff? What to do in such a situation? Many thanks in advance for your answer.

Good afternoon. I bought a car, I can’t register it, because the traffic police say that it was a cut. The seller hid that the roof had been replaced (a tree had fallen), as it turned out later. Refuses to return the money. Can I terminate the contract? In the contract k-p price underestimated, but there is a receipt for the entire amount.

Good afternoon. I want to return the car to the dealership due to the fact that the warranty defect was not eliminated in more than 50 days. At the time of purchase of the car was 1130 thousand rubles. On this moment the car costs more than 1600 thousand rubles. Is it possible to recover from the dealership upon termination of the contract the cost of a new car at the moment. Thank you in advance.

Good afternoon, is it possible to terminate the contract for the sale of a car when applying for a loan through a car dealership. The car is not the property of the car dealership. There were fraudulent actions by the employees of the salon, so I want to cancel this agreement

Hello. A brand new car burned down, in operation for 3 months, on paid parking at night. presumably fire engine compartment on right. What documents are required to terminate a sales contract with a car dealership? How much does an independent technical expertise cost?

hello! the car was purchased in 2012, the land rover ewok warranty drove for three years two without problems the third year 215 became a horror the car has been constantly under repair since the summer and the problem of one itaja does not accelerate above 75 km and buzzes strongly like with this problem already the 4th time I turn to them, they change some little thing and say it’s ready, but on the next day after taking the car from the salon I return it back with the same problem, the question is, can I terminate the contract of sale and will an independent examination help me now? last time 3.11.2015 car in service MOSCOW city

Hello! The third time the gearbox breaks down. The box broke for the first time after 2 years and 6 months of operation (11/14/2013). The second time the box broke down a year and 2 months after the first repair (01/20/2015). And the third time the box broke down 10 months after the second repair (11/29/2015). At the moment the car is no longer under warranty. But the truth after last repair 10 months have passed, and in the work order of the last repair it is indicated that the warranty for parts installed by the dealer is 1 year. What should I do in this situation. Can I return this car back to the dealer now? It is considered a gearbox failure three times significant disadvantage car, if the first time the differential and bearings were changed, the second time already other bearings and the third time I don’t know what they will change, because. I'm going to the dealer tomorrow.

Good morning! I have a 2012 Hyundai Santa Fe. I bought it in the salon in December 2012. I went from a year without problems. In 2014, the engine knocked. They changed, installed the engine assembly without a head. (The head remained from the old one). Repair lasted about 2.5 months. Still didn't know anything about the possibility of terminating the contract. 2015 from spring:
1. Smoked rear axle gearbox. On the evacuator to the salon. They said the nozzle got stuck in the gearbox. Changed seals filled with oil, I went. On the Clint track rear gear. On the evacuator to the salon. They change to a new one. I ride around the city normally (about 3-5 days), I go to the track again, the clint gearbox. I almost roll over with the passengers. Evacuator to the salon. It turned out that the torque transmission clutch on the rear gearbox flew off. Change the clutch. The gearbox is not changed. Change seals and oil. After 10,000 km, the gearbox housing breaks in the city, it started off from a traffic light. Tow truck to the salon. Now I have filed for termination of the contract. In short… I received an answer that it was impossible to satisfy my requirements because the quality check of the car had not been carried out. The day of the quality check should be coordinated with the person indicated by the salon. I call a person, this person has no idea what is at stake. Says the lawyers will call me back. I mentioned it 2 times already. And silence for 4 days. What do you advise? In 2015, this whole procedure, together with the last breakdown, probably took more than 30 days. Wrote a statement to the salon to provide copies of all documents for the entire warranty repair. They informed about the time and place of the quality control of the car. The last breakdown of the ball was 11/17/15. Filed a claim on 11/19/15. Received a reply on 11/27/15. Either 30.11 or 01.12 they called from the salon and, as if nothing had happened, they said come to the salon, pick up your car, they still repaired it. That's about all. How to be? Thank you.

Hello! The car is 3 months old, the vibration of the engine was detected almost immediately. I turned to the OD, revealed insufficient elasticity of the engine mounts. After my claim, they checked it out and now it turned out that this is within the acceptable range. The repair was denied. How to resolve this situation? Can I ask experts for an opinion before going to court? Or should the OD conduct an examination? Thank you in advance!

Hello! Samara, I bought a 2008 CITROEN C4 car, after looking visually normal, the truth was poisoned under the hood, the owner convinced me that just changing the gasket costs 500 rubles. Well, we drove along the road to the traffic police and drove into the service to look at the lift, too, it seems that they didn’t say anything to change already 2 gaskets but the amount was already 4000t.r. well, okay, I think it’s nonsense .. let’s go to draw up, it was Saturday, we made a contract of sale with his friend, but the amount was indicated less. I asked to write a receipt for the entire amount, the owner agreed. work and we decided that I myself would register on Monday after insurance. I paid off the money in full, having received the usual receipt in my hands that such and such received from me such and such an amount for his car sold, there are no claims to each other. On Monday, I took out insurance and took a car and to the traffic police for registration after to his service where the car was serviced to a master who knows it, he told me that it makes no sense to change the gaskets that they have already changed them twice and still poison the oil needs to be changed !!! AND IN AVERAGE SAYING WHAT EVERYTHING WILL COST FROM 45,000 TO 60,000 THIS THIS REPAIR IS NOT ORIGINAL AND USED SPARE PARTS SUPPLY AND THE OLD OWNER KNEW EVERYTHING AND HID AN EXPENSIVE REPAIR FROM ME!! WHAT TO DO? TOB REFUNDED THE MONEY FOR THIS REPAIR! IT IS VERY EXPENSIVE AND EXPENSIVE FOR ME! I TAKE A CAR TO GO TO WORK AND NOT TO REPAIR IT! THANK YOU IN EARLY!

drew up a contract of sale with his friend, but the amount was indicated less. I asked to write a receipt for the entire amount, the owner agreed and wrote for the entire amount ... so and so received money for his car sold, so and so from me, though without passport data because he said that they is in the contract...

Hello! \ Prompt here on such question. There was a warranty painting of almost the entire car except for the roof in October 2015. Already in early January, I found rust on the inside of the parts that were painted under warranty. Can I terminate the contract and return the car to the salon. If yes, what can I apply for?

Thank you for the answer, the receipts are also rolled for a reason, they are not written just like that !!! But the former owner and I finally met and decided that he would sell the car because he had already spent money on buying another car and he had nothing to give me.

Hello. A question. Bought a car from an authorized dealer in the city of Ufa. And he overtook her in Orenburg (I live here). After 2000 km extraneous noise appeared. I turned to the officials. They recognized the marriage - they replaced the bearing of the air conditioning compressor. After half a year, extraneous noise appeared again, again the bearing of the air conditioning compressor. A year of owning the car has not yet passed, and the air conditioning compressor bearing is again making noise. Can I terminate the sales contract? and with whom should I do it? In the city where you bought it or you can official representatives in the city where I live?
Thank you for your attention.

Ruslan, Moscow
Hello, help with advice, on April 1, 2016, having taken a loan from a bank to buy a car, I started searching for it on various sites, in Avito I found an allegedly private advertisement for the sale of a Volkswagen Polo for a relatively low price of 380,000 rubles. the seller (girl) named the address where you can inspect the car, when I arrived at the place, I saw that it was a car dealership (1st street of Izmailovsky menagerie, 8), she explained this by putting it there for sale and with me extra. money will not be withdrawn. There I was met by the dealership manager, after inspection, test drive and a little bargaining, I agreed to purchase this car, for 370, after asking if there will be additional fees for anything, he promised that I would not pay a penny more, all their commissions are taken from the seller, then I was asked to sign an agreement on the intention to buy and sell a car (I’ll say right away, I bought a car for the first time and I’m far from an expert in the legal issue), yes, it was indicated that there are commission fees from a car dealership from 7 to 30 percent, but not less than 100-odd thousand, but it was written in such a veiled and incomprehensible way for a simple layman, on this question was answered to me (a girl who at first called herself a lawyer and tried not to leave me anywhere with a contract, supposedly to help me with questions that arose, but later it turned out that she was just a cashier and she could not advise me anything), that only 370 thousand, and this commission is paid by the seller. After payment at the checkout required amount I was escorted to the rest room and asked to wait while the car was being prepared for me. half an hour later they asked me to go to another office where they asked me to sign a contract of sale (I did not know that the contract of intent to buy and sell and the contract of sale are not the same thing, I contacted a major purchase for the first time), it had a price of 510,000 thousand , which is significantly higher than the agreed price and market value car, I was told to these questions that I inattentively read the contract and everything is said there, that it is possible and so, but I repeat, I am far from legal issues and at the time of signing I thought everything was in order, since there was a price for a car of 370, and There was no specific amount for the commission. On the demand to return the money, they answered me that they would return it, but they would take a commission of more than 100 thousand for the refusal of the contract, called the police, but she did nothing, the only thing that the valiant werewolves told me was, oh, forgive the law enforcement officers, “well, if you want, we’ll go to branch, write a statement, but this is unlikely to help. Then the senior manager stepped into the game and said that he had spoken to the director and he offered to take more cheap car, which is already in their possession, and not someone else's. As a result of stress for several hours, being afraid of losing money and being under constant pressure from their lawyer and managers (they said that they had 6 car dealerships in Moscow, a lot of cool lawyers and no one won court cases with them), I bought a generally good car from them Kio Rio 2009 and in a good configuration, but for a very inflated price of 390 thousand. Now the question is, can I somehow terminate the sale and purchase agreement, since at the time of the purchase I had practically no choice, or go to court and it’s not a fact that you will win, but at that time the car (Volkswagen) will stand here and for each day of parking 1000 rubles, or take this unreasonably overpriced car. Please advise, I will be happy to answer additional questions. Sincerely, deceived buyer.


April 4th, 2016 at 13:53

like everything, only the battery is dead, but it seems to me that this is not essential?

Hello. Is the twisted mileage confirmed to me in an authorized service sufficient to return the car? Twisted from 160 to 60 thousand. There are other disadvantages.

Thank you!
I also wanted to ask if the refund period is regulated upon termination of the contract? And what is the probability of delay in the case when the seller is one legal entity and the owner is another?

Good afternoon
I bought a new one on April 10, 2016 in a car dealership LADA car xray. On April 11, I discovered that the ERA-GLANAS system was not working and the recoil system on the car was not working. On April 11, I came to the dealer, they looked and said that most likely it was necessary to change the ERA-GLANAS system, regarding the non-working recoil system, they said that it would be necessary to make an application to the factory for warranty repairs. On April 14, they invited me to the dealer for experiments - they will test machine remove the ERA-GLANAS system and rearrange it in mine, if everything works, they will order a new one. Let me know if I can terminate the contract of sale. Can I request a replacement car for a similar one.

auto skoda superb 2013..bought on 30.12.2013. box DSG-7. During the warranty period, due to noise in the box, there was an appeal to the office and the replacement of the bearing in the box. 04/07/16 the box completely jammed, the car was immobilized, delivered the car to the service on a tow truck (the warranty for the car has already ended, but the warranty for the box is 150,000 km. run). The service says that they are solving the issue of a warranty replacement of the box.
Can I return the car due to a significant drawback (box failure)?

Hello. 04/15/16 I bought a used Hyundai Accent car. When opening the side panels of the doors, I found that the doors were of a different color and many other facts indicating that the car was beaten. Lost starter. When buying, the owner did not indicate these defects. Is it possible to return the money?

Hello. One month after buying a car individual after setting in the official service, it was found that the car was in a major accident (without registration in the traffic police). Can I terminate the contract?

Hello. The airbag malfunction light came on. Contacted the dealer. Eliminated, but the order-outfit was not given. After 1-2 days, the airbag malfunction light came on again. The dealer replaced the problem (replaced the pillow. He insisted on issuing an order. After 4 days, the airbag malfunction light came on again. Can the defect be considered significant and exchange the car for a new one? Thank you.

On November 26, 2013, SUMMIT MOTORS (Khabarovsk) Limited Liability Company and Natalya Nikolaevna Vinokurova concluded a contract of sale 2013905/D for the car TOYOTA RAV 4, model ASA44L-ANTGK, VIN: JTMDFREV40D044844, engine number 2 AR 753490, configuration Prestige Plis (57) body color: gray metallic, interior color: black, year of manufacture 2013, worth 1,556,000 (one million five hundred fifty-six thousand rubles) thousand rubles 00 kopecks. Payment was made by bank transfer by transferring funds from Sberbank of Russia PJSC to the account of SUMMIT MOTORS (Khabarovsk) LLC, which is confirmed by financial documents.
The warranty period for the product is 3 (three) years or 100,000 (one hundred thousand) kilometers.
In accordance with Art. 4 of the Federal Law of the Law of the Russian Federation of 07.02.1992 N 2300-1 (as amended on 03.07.2016) “On Protection of Consumer Rights”, the seller is obliged to transfer the goods to the consumer, the quality of which corresponds to the contract, and in the absence of conditions on the quality of the goods in the contract, the seller is obliged to transfer the goods , which conforms to the usual requirements and is suitable for the purposes for which a product of this kind is usually used.
During the operation of the goods during the warranty period, the following defects were found in the goods:
By virtue of Article 10 of the Law of the Russian Federation of 07.02.1992 N 2300-1 (as amended on 03.07.2016) "On Protection of Consumer Rights" providing for information about goods (works, services), the manufacturer (executor, seller) is obliged to provide the consumer with the necessary and reliable information about goods (works, services), providing the possibility of their correct choice. By certain types goods (works, services) the list and methods of bringing information to the consumer are established by the Government Russian Federation.
In accordance with Article 12 of this Law, which provides for the liability of the manufacturer (executor, seller) for improper information about the product (work, service), if the consumer is not given the opportunity to immediately receive information about the product (work, service) upon conclusion of the contract, he has the right to demand from the seller (executor) ) compensation for losses caused by unjustified avoidance of concluding the contract, and if the contract is concluded, within a reasonable time, refuse to fulfill it and demand the return of the amount paid for the goods and compensation for other losses.
In case of refusal to fulfill the contract, the consumer is obliged to return the goods (the result of work, services, if possible by their nature) to the seller (executor).
On August 29, 2014, at 14:30, on Sovkhoznaya Street in the city of Khabarovsk, near house No. 61, an accident occurred involving two cars. As a result, the driver Golovtsov S.D., driving a car Gaz-3307, with a carrying capacity of more than 3.5 tons (in full condition 8 tons), did not maintain the distance to the ahead moving vehicle "TOYOTA RAV 4", VIN: JTMDFREV40D044844, engine number 2 AR 753490, state number H 421 VK 27 of the region, under the control of the driver Vinokurova N.N., made a violent collision with him, but the airbags, which, according to the instructions, should work in a collision with cars of a lower carrying capacity of up to 1.5 tons, did not worked.
When concluding the contract dated 10/18/2013, I was not provided with information that in the event of a collision with a Gaz-3307 vehicle with a carrying capacity of more than 3.5 tons in back vehicle "TOYOTA RAV 4" airbags will not work.

Hello. We sold the car about a year ago. The buyer did not re-register it for himself. He probably will not be able to draw it up because the sales contract is overdue. penalties come. Can I somehow return the car or what to do in this situation.

Bought a car, and it lacks heat and noise insulation
Wrote a letter to return the car, I can not wait for a response
The car dealership refers to the fact that the lawyers compiled a response, sent it by mail
What to do???

Hello! We sold a VAZ2111 car, 2003, on February 1, 2017, under a sales contract, the buyer had no complaints when buying, he took the car hundreds of kilometers away. From the place of purchase, i.e. more than 4 hours drive from the place of the transaction. The buyer called on February 3, 2017 and said that the car was warming up, he also says on February 5 that it smells of gasoline when refueling. Going on these grounds to return the car to the seller. We are not going to take the car back, let him sue. What would you advise in this case?

hello. we bought a car. when registering, it turned out one hundred in the TCP there is no mark on the disposal. collection. because the car was once brought from the CIS countries. sent to customs. from there to the tax office. and sent there too. was before the sale of the car. They said that according to Decree No. 1291 of 2013. And this fee, according to the year of manufacture and power, is a huge amount exceeding the cost of the car. that our problems

Yes, for an individual. It’s not a fact that he will give the money right away. That is, you think that you can’t unite this decision in any way? And how can motorists not fall for this hook in the future? What kind of laws are these? After all, they checked on the traffic police website .why is everything so neglected in our country. is it not transparent?

Good afternoon

There is a problem that does not allow me to exist peacefully.

In a difficult life period, I sold the vehicle under a sales contract. There is saved information from the site on the Internet for the sale of cars with the specified amount and description of the car.

The buyer filled out one contract, I asked to fill out the second while I was in line to change the TCP and STS.

In the first contract, the sale amount was 20,000 rubles. We went to the savings bank to check the cash. Since there was no place to take a copy of the contract at that moment, I took a photo of the contract on my phone.

At the time of signing the first copy, the buyer puts me the second copy for signature, which I sign (he argues that just in case there is a mistake somewhere)

The second copy I signed was blank. Not a single line at all, but my signature is there!

The question is, can the buyer enter a much larger amount into the contract? And then apply with the termination of the contract and the return of money in a larger amount?

What evidence can be other than the transfer of den. funds through Sberbank to my account? (maybe you can see the cameras, as the buyer came with me and took money out of his bag)

Let me remind you that the first copy of the contract with the sale amount of 20,000 rubles. I only have it as a photo on my phone, can this photo also serve as proof?
Can a polygraph be used in this case?

Good afternoon.
I bought a used car from a dealer.
The real cost was prescribed in the contract (official contract with seals). The traffic police do not register, the model and engine number (on the engine) will not become, they say corrosion. Can I terminate the contract with the seller?

I sold a Zhiguli car in the city of Korolev under the DCT, I don’t remember the amount in the DCT, about 15,000, but we agreed with the buyer that we were changing the car for a scooter, he gave the TCP and said that it was not a stolen scooter for sure, not far from me he was dripping in the garage, local. In the traffic police, when trying to issue a scooter for me with this scooter, they sent me for the owner with an empty purchase and sale agreement, and the owner lives in the Serpukhov district. -I can return the car back upon not fulfilling the conditions (I didn’t transfer the money), although I don’t remember what it is called conditions in the dkp? Taking into account that I don’t have my second contract of sale, I can’t find it. And if I find it, then its data is in incorrect places are written in other columns. Or you can find the owner and only his data and signature in the dkp are enough. Maybe he shouldn’t go to the traffic police with me? except for the TCP, there is nothing neither insurance nor certificate.

Good afternoon I wanted to clarify one point. My situation is this, in August last year I bought a car and in the first week I had a problem with the clutch (it did not squeeze back completely and after 3-4 squeezes it did not allow me to shift gears). I contacted the dealer under warranty, they did something, but did not fix the problem. Then I applied 2 times, and they said that the clutch cable needed to be replaced and said to wait for the spare part for 2 weeks, I read that in case of returning the car, it is better to file a claim within 15 days, I decided not to wait for the spare part and sent a claim to the dealer for which I received refused and took the matter to court. There were 2 meetings and the court appointed an examination six months later. And just today, an examination took place, however, in the cold season, oddly enough, the clutch began to work perfectly, and the examination did not reveal anything. Can I in this case ask the court to conduct another examination in the hot season (referring to the fact that when my defect was revealed the temperature was at least 20-25 degrees) and what should I do now for this. After the examination, the court session has not yet taken place, I think it will be appointed soon.

Good afternoon, please tell me if I can cancel car dct. They bought a car at an inflated price by 2 times through fraudulent actions in a car dealership. 4 days later, a claim was sent to terminate the DCT and return the car. No answer. The police department opened a criminal case. The seller covered up the defects.

Hello, I have sold my car. New owner I went to register and the traffic police officer, when checking the car, discovered that he was a cut. I did not register the car for myself, I am shocked by this news. The buyer wants a refund, but I already bought new car. I didn't drink or cook anything! I'm not going to be responsible for this, the case will definitely go to court, what would you advise me to do?
And by the way, the amount of 10,000 rubles is indicated in the purchase / sale agreement, but in court she will be able to receive only this amount? Although I received the full amount, and it was with her husband (received and counted).

On March 7, I purchased a used car Lada Priora 2011 onwards. at the official Hyundai dealer in Saratov "AGAT" in the trade-in department. during the operation, there were comments on the operation of the manual transmission, and the dealer did diagnostics of the car at his own expense. they didn’t make any recommendations in relation to them, and they didn’t give me any documents, but handed them over to the trail-in department for further coordination with the management. And on March 22, the manual transmission broke down. Can I terminate the contract in this situation?

Good evening!
We purchased a used car manufactured in 2013 in a car dealership in Moscow on 03/24/2017.
On 04/06/17, at the request of the husband, the steering rack was checked for diagnostics, according to the results of the diagnostics, an expensive replacement was required. We turned to a car dealership with a claim for a replacement at the expense of the seller. 04/13/2017 received a positive response. 04/17/2017 they arrived at their technical center for a replacement, the spare parts were not available, they made an order.
04/19/2017. the car started shaking at the first speed, no diagnostics were done, but this is definitely a gearbox that also requires expensive repairs. 04/19/2017 again filed a claim
to terminate the contract of sale and return the money in full.
What should we do if we get a negative answer?

I sold the car, three days later the buyer called and said that the car would not start, but this has never happened to me, the buyer lives in another city 300 km away, could he get into a hole along the way, which led to a malfunction and can he return the money, maybe he did something on the way to me, how do I know how to be?

Is it possible to terminate the contract for the sale of a car (under warranty) if there are traces of rust on the hood, trunk lid? The dealer offers to paint the parts

Hello in 2014 was acquired Nissan Juke. Appeared two weeks ago extraneous noise, in ASC
They said that it is necessary to replace the automatic transmission, repairs will be made within 3-4 weeks. As it turned out, this is a very common problem on these cars. Is it possible to terminate the sale and purchase agreement?

Hello, I sold my car two and a half years ago. Half a year ago, when I received taxes for last year, I found out that the new owner did not register the car. Since I could not find my sales contract in the traffic police, I was advised to file an application there that I had disposed of the car. The other day the owner of this car showed up and said he wanted the car restyled or he would sue. Can he really win this case and should I go to his meeting? the new owner says that the car is not running at all, I wish I had no problems with it

Hello! On May 8, I sold my car. 1 copy of the contract of sale remained with me, completely filled out, with the date, amount and our signatures. And the buyer said he would fill out 2 other forms of the contract at home. I put my signature. He was in a hurry. And now I'm thinking if he can't bet a different amount, let's say it's much higher and with a different number. even if so, whose contract will be considered real? Mine also has his signature.

My dears, we won without lawyers and courts. The main struggle, in which all the tricks of the car dealership should be provided. I will briefly describe our situation. Continuation: After we wrote the second claim, after a week we were offered to go through complete diagnostics. We agreed, the diagnosis was carried out with us. The senior went to each specialist and said something to them, there was a pile of papers that were filled in by specialists, which we did not see at the end of the diagnostics. After a complete diagnosis, we only found a problem with the steering rack, which we knew and which we were agreed to change. They drew up an act of diagnosis and gave to sign.
I signed that I had read and disagreed, a week later they called to terminate the contract.
If I had simply signed, perhaps they would have gone to court, and no one wants to fool around with this.
So good luck with your car...

Good afternoon Bought in October 2014 nissan car Almera. The box kicks, when braking, there is a push, when accelerating from 1 to 2, it doesn’t always kick, from 2 to 3 and from 3 to 4 almost constantly - if it doesn’t switch, you have to switch forcibly. During the period of operation from 10/02/2014, I had to add 2 liters of coolant, they checked for maintenance, no leaks were found. What could be the problem. The dealer says, and according to the diagnostic results, that the brake pedal sensor needs to be replaced, however, they replaced it, but nothing has changed. The dealer does not see any problems based on the diagnostic results. What should I do in this case?

We bought a used car from an individual. When registering, it was sent for examination, which revealed that the number bar was overcooked on the car.

Hello. The problem I have is that the author bought a dkp from an individual. Auto gazelle 2006 watched him with his comrades, he rode all of us arranged, I myself did not drive. The seller assured us that the car was in order, sat down and drove off. After signing the DCT, I still got behind the wheel and after driving 30-40 km the car stopped moving, i.e. does not gain momentum and everything does not go more than 20 km / h. Calling him and talking about this problem, he told me that the car is not new and needs to be done, replace the candles, flush the nozzles, replace the brains, replace the fuel pump. What I drove him to the author and decided to return the same day. He went out and began to say that he would not return the money. What should I do. The contract is drawn up by hand, the amount is entered in full.

I have a 2012 Ford Explorer out of warranty. Failed for the second time in a row steering rack, the first time I bought a new one, the second time I don’t want to buy anymore, but I want to return the car to the factory, is it possible?

Hello! I bought a used car in a neighboring region from an individual. When viewed at the MREO, it turned out that the actual engine number does not match the TCP, registration was naturally denied. I contacted the service that serviced the car, they say that they changed it under warranty, but they can’t find the documents for the engine, they will ask for something there somewhere. Will I be able to terminate the DCT, or reduce the price of the car, since the car was not sold at a low price

Hello. Bought a car from persons according to the dct is indicated total cost, after 4 days I discovered very strong corrosion outside the door, can this be the reason for a refund, and is it really possible to do this at all?

Good afternoon 01/31/2015 purchased a new car from a dealer. To date, the car has been painted 5 times (there was rust and the paint was worn off on the inside of the doors at the junction of the doors to the sealing gum), now they still found rust. Tell me, please, the lack of paintwork can be the reason for returning the car to the dealer? They wrote a claim, but did not receive an official response from the dealer. We were told that all the shortcomings were eliminated under the guarantee and there could be no claims.

Hello. I sold the car in 2016, the new owner did not register how to cancel the contract and return the car because I turned yellow that I sold it

Good afternoon! Tell me please. I bought a car under a sales contract from the seller, before buying, he asked if everything was legal, if there would be any problems with re-registration, he assured me that everything was fine, there would be no problems, when I arrived at the traffic police for re-registration, it turned out that the engine it’s not the right one and registration is not possible until you collect all the documents for the engine about its safety, I don’t have time or desire for this. Can I terminate the contract and collect my money?

Good afternoon. Kia car Sportage 3, 2013, mileage 52,000 km, under warranty. A month ago, there was a knock in the engine on a cold one, when it warmed up it stopped. Came to the OD, pointed out the problem. After inspecting all the cylinders with a video endoscope (seizures in cylinders 2, 3 and 4), we decided to disassemble the engine to more clearly determine the cause of cold knocks. We issued an order with the wording Maintenance, where there was an amount for diagnostics, oil drain, etc. I told the master inspector that I would not pay for these works, since the car was under warranty. He replied that if it is confirmed (by an examination) that the case is guaranteed, then you will not pay. And he also added that if dealer oil was poured into TO, they would change the short block without questions, like others who applied with a similar problem. I did all the maintenance at their service center, but with my own consumables. The car has been in service since June 15, and only on June 30 they invited me to take oil from the engine for examination. They said that the examination would be ready in 5 days. To date, the examination is not ready. What to do in this situation, write them a claim for warranty repairs due to a breakdown (because the current repair is written in the work order), or wait for the expiration of 45 days and terminate the sales contract?

Good evening, yesterday I bought a car through a used car dealership, a sales contract was drawn up in the salon between individuals. Today I discovered a malfunction in this car, can I terminate the contract of sale and get my money back?

Hello. Yesterday I bought a car, almost under duress, and a used car dealership in Moscow.
Initially, when I arrived at the car dealership, I chose Volkswagen car polo 2014 release. The manager announced the amount of 360,000 rubles. Then I was invited to the cashier where the girl printed out 2 copies of the vehicle purchase / sale agreement.
I got acquainted quickly. I saw the amount of cars 360,000 rubles. But there were also items there, such as: the buyer also undertakes to pay fifty-five thousand rubles for a manual transmission guarantee; sixty thousand rubles for a guarantee on the engine. Forty thousand rubles car dealership fees (something else, and all the numbers in words), as well as in the event of termination of the contract, the buyer pays a penalty in the amount of 50% of the deposited funds. And the total cost of the car was allegedly 555,000 rubles. And until I (the buyer) pay this amount in full, the car will not be given to me.
After signing the contract, 360,000 rubles were taken to the cashier and invited to the office of the lawyer of their firm, who offered to sign another contract, which indicated that I had paid the entire amount (555,000 rubles) and after paying it and signing this contract, pick up the selected me a car. I got indignant, called a lawyer, the lawyer advised me to call a police squad to record the machinations, I called the police. While the police officers were driving to the car dealership, I was offered two options for getting out of the “situation”:
1. pay ~ 200 000r and pick up the car that we originally agreed on.
2. Choose a car for an amount equivalent to the money I deposited in the exchange of 360,000 rubles, i.e. In fact, I could only afford a completely painted, in poor condition car manufactured in 2007 Mitsubishi Lanser 9, at an inflated price of 360,000 rubles. The cost of such a car on the market is in the region of 150,000-230,000 rubles.
They refused to return the money, I was even ready to pay a penalty in the amount of 20,000 rubles, I asked to terminate the contract and return the money to me, to which they answered that if they terminate it (/I terminate), then I will receive the money only through the court, and during that while the litigation lasts, for each day the car is on their site, a day of such parking will cost 1000 rubles, which is indicated in the sales contract, and let me remind you that the car dealership will withhold 50% of the cost of the car.
Thus, by the time the police arrived, they prepared a new sales contract and a sales receipt (amount of 360,000 rubles) for a 2007 Mitsubishi Lanser vehicle, took away the old sales contract for a Volkswagen polo, and a sales receipt for a Volkswagen polo, and replaced it with a new contract for Lanser . All this happened in front of the police. I did not write a statement to the police. But the police said that this was not the first such call to this car dealership and they recorded it.
Now I want to terminate the purchase and sale agreement with this car dealership. Please tell me if my situation is not hopeless, and what should I do? Thank you

Good afternoon. I bought a used car in a car dealership for 350 thousand rubles. And in the loan agreement, the amount is 580 thousand rubles. I signed all the documents and only after I realized that I was deceived. How can I return the car and money to the bank? Thank you.

Good afternoon I bought it in June 2017 at a Renault-Capture dealership, but the joy did not last long after 2 months I found a spot the size of a coin on the hood. It turned out that the bubble was swollen and burst in the sun and a cobweb spot appeared. What should I do because I bought a car with a car loan?

On April 19, 2017, at a car dealership, they filed an application for a car on lease, ordered a car, paid, they said to wait up to 3 months, 4 months have already passed, and the car is still in production, and there is such a car in another salon in this city ... .. how to understand it? What a mess in our country? And what should we do? I can't leave it like this! It was their fault that my children and I could not go on vacation!!!

Good afternoon. a few days ago in Moscow, under duress, I bought a car. Arrived at the announcement of the sale of new cars in a car dealership. The manager said that the car is in the required configuration, but to be in the warehouse, when asked to inspect the car, he said that they only have new cars, when ordering a car, you must pay the required amount of 400,000 rubles to the cashier. And wait a little for the car. An hour later, their chief came and said that I had signed an agreement with an LLC that does not sell cars, that they have such a system, and they can only offer used cars for the same amount. In order not to lose everything at all, I went to see the car, they showed one junk. And they said the longer I choose the car will only get worse. Chose Opel 2006, seemingly nothing. Having traveled from Moscow for 200 km, the first gear stopped turning on (with great difficulty), after another 100 km, the second gear also began to turn on with difficulty. When I got home, I parked the car and never drove again. Can I terminate the sale and purchase agreement? And what should I do next? Thank you! The reason for the claims is multiple foci of corrosion of the car body, in some places reappearing after they are eliminated under warranty by an authorized dealer, as well as leaking trunk to the factory welding site. The warranty on the paintwork ends on December 26 this year. What are my prospects and where can I apply for legal assistance?

In St. Petersburg, my husband and I bought cars through the RosAvto car dealership. We agreed on one amount, as a result, the amount was doubled. They didn’t even remember how they signed the contract, since they were with a small child.

Hello. When selling a car, the sales contract (all copies) remained with the buyer. What threatens me? How to protect yourself?

Good afternoon. 10/04/2017 We bought a new car from OD, part of the amount was issued in a car loan. The car was registered. But during the operation, a defect was revealed, a strong vibration on idling. We want to return the car. But it's in the sales contract. 1. That it is impossible to return a pledged car (and it is pledged because a car loan is issued) normal work mechanism. Brought the car in for a service check. What can be done to return the car?

I sold the car, the amount of 50 thousand rubles was set in the DKP. Two years later, the buyer terminated the contract through the court, and the court decided to pay 480 thousand rubles. justifying that the price in the contract is greatly underestimated, and average price for this car on the market at that moment was like this. Is it legal?

Good afternoon, this is the situation in 2016, we bought a Honda Ascot from a man in the village, he said that he bought a car from a friend of mine and rode it through the DCT, then he sold it to us, we didn’t plan to register it and decided to sell it for half a year, we had it for in August, we sold it, checked it on the traffic police website, everything was fine a couple of days ago, a buyer came to us and said that the car was stolen and it was seized as a property document and that he would write a statement for us, we found out that the theft was delivered on 09/18/2017 and we sold it on 08/18/2017 at the time of the sale everything was fine, only it was deregistered from 2015. Tell them they can cancel the deal at the time of the sale, because they were not stolen and the police still don’t really say anything why it’s stolen what we are preparing for, I’m very worried! Help!

I sold the car, I received a fine for the transfer of driving rights, can I terminate the contract, the car is not registered and what to do with the fine?

Hello. I bought a car from an individual. The cost of a car is 850t.r. at the request of the seller. After 1 year 3 months, the registration of my car was canceled by the traffic police on the requirements prosecutor's office in connection with the termination of the sbkts, because the certificate center lost its accreditation and the certificates issued to them. annulled. What amount am I entitled to demand to be reimbursed from the seller? During the ownership of the car, I invested 380 TR in it.

The requirement of the traffic police and the decision of the court - to restore the registration, you must provide the Current Cbts. To which certification center you did not apply, it was refused everywhere.
1.year of manufacture old
2.Sbkts is issued to the car BEFORE INTRODUCTION TO OPERATION. Your car has been put into operation, registration of SBKTS is IMPOSSIBLE.
I see no other way out in reimbursing my spent funds other than terminating the PrEP.

Eugene, I clarify: there was an auto-exchange between me and the seller of the car he imported. But on the initiative of the seller, the DCT was issued. My car was priced at 400t.r, the DCT was drawn up at 350t.r. .He explained this by the fact that the sales tax for him was less.
In general, the seller imported a car from Kyrgyzstan in 2004. issue.
He issued sbkts, although the car of this year. are not subject to registration, because the environmental class does not correspond to 4, but as indicated in the reference table - 2 class.
Customs issued the Title, Reg.department. registered a car in my city. And after 1 year and 3 months it canceled the reg. actions and documents due to the fact that the Council of Ministers on November 30, 16 was canceled.
DKP was drawn up on June 4, 16, registered on June 7, 16. As of October 25, 16, the sbkts has the status of a valid one.
I received a letter from the traffic police on August 28, 17.
Can you advise something?

Good night. The situation is this. 01/23/18 I bought a 2011 Chevrolet Cruze car in Rolfe blue fig. After paperwork and payment, they began to drive the car, and the car stalled and would not start again. The employees referred to the blocking of the signaling and promised to put the car for diagnostics. After 2 days, they said that the signaling was cut out and the problem was not in it, but in the wiring, supposedly there was no current on the relay. They said that the wiring will be sorted out, the repair period is from 2 days to 2 weeks. A week later, nothing has changed, they are fed breakfast and do not say anything specific about what the problem is. Can I cancel the contract and get my money back? And how best to do it, in what time frame. Thank you. Saint Petersburg

I bought a car on 02/20/2018 and went to register it with the traffic police, I was denied registration because there are no DCTs from previous car dealerships in the documents, can I terminate the contract of sale with a car dealership? It was issued on credit and the down payment was 140 tr.

Good day! Here is the situation: I sold a used car to other people, they came and looked at everything, everything suited them, told all the nuances (the most important thing was that they didn’t read the number on the frame, but I was registered with the traffic police, they said we would agree there in The traffic police will do everything, they left in this car, two weeks later they call and say that they cannot register, return the money! What should I do?

Hello, St. Petersburg (Vyborg), I bought a VAZ 2112, the seller indicated that of all the shortcomings, you only need to digest the right threshold. In fact, only 20,000 welding jobs are needed, excluding spare parts and the entire suspension and a lot of things on the engine. Several services say that they will be able to take on the engine and suspension only after welding, because. do not raise the car on a lift. The cost of the car is 100t.r. there is a dct with a receipt (though not with the owner). How can the issue be resolved? Termination through the court or repair at the expense of the seller?

Hello, we bought a used car on credit ... the loan was issued at the bank ... Can I terminate the DCT? After the purchase, it stalled and did not start.

Hello. Tell me, my father bought a new Solaris a couple of days ago at a car dealership through a car loan with a down payment. A person directly to say a damn thing does not understand anything in all these loans, but that's another story. In general, he was misled, some percentages and amounts were announced, but the contract turned out to be different. Naturally, he signed all this without looking, in other words, they “fucked” a comrade to the fullest. Is it possible to terminate the contract and car loan and return the car. In fact, it has not been used.

Hello! 02/10/18. Acquired kia car bongo 3. When passing the reconciliation, I went to take out insurance, leaving the seller to pass the reconciliation because the traffic police was closing and we did not have time. Having issued insurance, he came to the car and signed the reconciliation. The car was registered and I paid for the car. Three months later, I decided to sell the car, the buyer came and decided to check the VIN numbers and then it turned out that the number on the frame was completely missing and the engine model did not match the TCP. When registering, I didn’t check the numbers, I hoped that the traffic police officer would not let me in for registration if something was not right with the numbers. Apparently the seller had acquaintances in the traffic police. Can I terminate the dkp in this situation?

Hello, we have rented a car. But when registering, it turned out that he had cut off the numbers on the body. A criminal case was opened, and the car was taken to the impound. We wanted to give up the car, since 15 days had not yet passed, but we were simply pushed out the door, explaining that it was in a car impound. Do they have the right to refuse us to refuse a car.

Hello. I bought a car from an individual. At registration, they sent to clean the engine number from rust. It was evening and the check had to be rescheduled for another day. As a result, having cleaned the room, I saw that it was “eaten” by corrosion. No engine model or number is visible. I understand that the car will be sent for examination. But can I terminate the DCT already at this stage?

Hello! 06/15/2018 sold the car for 190,000 rubles. V vehicle title information is given about an engine that does not match the one installed on the car (different volumes and power of engines). On these grounds, the traffic police may not register a car for a new owner (this new law, and at the time of purchase by me — was registered). When selling, I notified the buyer about this, he agreed. The car is registered in my name to this day, in turn, I want to unilaterally deregister it. Can the buyer terminate this purchase/sale agreement?
Please reply to email, thanks!

Hello. I bought a car, at the time of purchase the car was not listed as a pledge and theft. After registration, the car was listed as stolen and they intend to return it to the owner who filed for theft. Theft was not filed by the previous owner from whom I bought, but by another owner long before him. If we discard complex scheme with the removal of fraudsters and police officers who, for the period of sale, removed the car from theft, to clean water, then is it possible to return the money for such a car by terminating the DCT with the previous owner, from whom I bought the car (it was entered in the TCP)? Thank you.

Hello. I HAVE SUCH A SITUATION, I BOUGHT A CAR FROM A INDIVIDUAL PERSON under a contract of sale. When registering a car, the inspectors refused to register it, referring to a poorly readable number on the frame and engine, as well as non-standard, that is, larger car tires. Is it possible to return the money by terminating the contract of sale

A contract for the sale of a car is a legal document, according to which one citizen undertakes to transfer his property, and the other - to accept it on the indicated conditions, while paying a certain amount (the cost of the car). Currently, the law allows the execution of an agreement without notarization. Therefore, you should carefully check the prescribed obligations of both parties and the conditions for terminating the contract.

The signing of the document is carried out by agreement of the parties, after a thorough inspection of the vehicle and verification of all the characteristics noted in the TCP. In addition to the passports of the participants in the transaction and the TCP, you may need documents certifying the right to make such a transaction ( general power of attorney, power of attorney from legal entity). When registering with the traffic police, the inspector for compliance with the submitted TCP, taking into account the entered data on the participants in the transaction.

The contract must contain comprehensive information about the terms of the agreement, the personal data of the participants, the price of the vehicle. Special attention you should refer to the terms of the agreement regarding the possible return of the vehicle. If the standard contract does not reflect the desires of the participants in the transaction, then additional comments are entered and agreed before signing the document. The slightest doubt about the authenticity of the contract or the car's passport will lead to the termination of registration, the documents will be returned for revision.

Termination of the contract of purchase and sale of a car

The purchase or sale of a car is an expensive operation that citizens rarely perform. In a situation where there are claims to a completed transaction, the question arises of how to challenge. A used car is most often a contractual object between individuals.

Hidden and disguised defects may appear after the transaction, the car will require service operations, replacement of expensive components or major repairs. Sometimes the finances required for adjustment and reconstruction exceed the value of the acquired property. The Federal Law "On Protection of Consumer Rights" does not provide for a procedure for returning goods of inadequate quality if the transaction is concluded between citizens. Relationships between individuals are regulated by Art. 450 of the Civil Code of the Russian Federation, which regulates the question of how to challenge the purchase and sale of a car. This can be done by amicable agreement of the parties, in a judicial proceeding, or if one of the parties unilaterally refuses to comply with the signed terms.

Termination of the contract of sale and purchase between individuals

First of all, you should try to reach an understanding without interference judiciary. The new owner must reasonably prove to the seller that the price of the car turned out to be too high due to the identified shortcomings. A compromise is possible when the seller offers to pay for the repair costs. If the seller does not make concessions, and the buyer decides to return the car, then you will have to seek state help, that is, to the court.

Termination of the contract for the sale of a car at the initiative of the buyer should begin with the preparation of a competent claim sent by registered mail with notification to the former owner of the vehicle. The letter must contain: a list of shortcomings, a demand for a refund and the recognition of the agreement as invalid, and the transaction is void. The defendant must be informed that in a month the statement of claim will be sent to the court.

The former owner may demand that the agreement be declared invalid if the payment for the purchase is not made, made partially or in violation of the agreed terms. Termination of the contract for the sale of a car at the initiative of the seller is carried out in the same manner, a preliminary meeting must be held with the requirement to pay off the debt. If an agreement cannot be reached, then a written claim is drawn up and sent to the debtor.

Copies of payment documents proving the amount of funds already paid are attached to the letter. If the buyer has not made a single payment, then a copy of the contract certified by a notary is attached to the letter. The letter must be registered with a notification; upon receipt, the date and signature of the recipient is put. The term for resolving the conflict is a month, after which the seller has the right to apply to the court with a statement of claim to recognize the transaction as invalid and return the movable property.

Termination of transactions in court

The statement of claim is filed at the place of registration of the defendant. The package of documents should include:

A copy of the contract (notarized);
a copy of the act of transfer of the vehicle (if any);
a copy of the claim sent to the defendant;
receipts for postage when sending a claim and a copy of the statement of claim;
receipt for payment of the fee.

The buyer, who applied to the court, must explain in detail what his disagreement with the implementation of the agreement is, submit the available payment documents for the repair and maintenance of the object of the dispute. It is important to draw up a petition for, designed to establish the true state of the machine. If the court agrees with the arguments of the plaintiff, then the examination will be carried out free of charge, subsequently it will be obliged to pay for the losing party.

The act of an independent examination is the main factual confirmation of the words of the applicant. When considering the issue, the opposing party may also file a counter petition for the appointment of an expert assessment. For the duration of the technical research the process is suspended. As a standard, 10 days are allotted for expert assessments. After studying all the technical documentation, the court makes a decision. In especially difficult cases, experts are invited to the meeting as witnesses in the case, if the court has doubts about the choice of decision. The disputing parties may file a petition for compensation for losses incurred and non-pecuniary damage.

Termination of the contract for the sale of a car with a car dealership

Most likely, you will have to deal with a full-time lawyer who solves such problems regularly and has sufficient experience, unlike the buyer. If the lawyer realizes that there is little chance of winning the case, then the company will go to a settlement agreement, offering several options for solving the problem. If a compromise is reached, then a claim should be filed and all troubleshooting steps should be recorded.

The dealership may offer troubleshooting, a replacement vehicle, or a refund. The buyer should know that the choice is his. This is not a quick matter, examinations will be carried out and it will take time to close the issue. When conducting an expert study, it will be established that a dispute arose as a result of operational errors or a manufacturing defect. The seller pays for the examination, if the owner is guilty, he will be presented with an invoice for the examination. If an agreement cannot be reached, there is only one thing left - to go to court.

Reasons for returning or requesting a refund of the cost of the machine may relate to equipment, color, irreparable defects. One of the common reasons for termination of the contract is that the car turned out to be collateral. The scheme of actions when applying to the court remains the same: the presentation of a claim to the firm - the seller, a month later the filing of a statement of claim in compliance with all necessary formalities. In a dispute with a legal entity, the applicant should rely on the Federal Law "On Protection of Consumer Rights". An extract from the electronic register of pledged vehicles is attached to the statement of claim, if we are talking about a pledged vehicle. If the problem is non-compliance with the terms of delivery (other color or equipment), then the package of documents must contain an order - an order or an act of acceptance - transfer upon purchase.

The court will first consider the contract. If it contains certain conditions for the return of the car, signed by the buyer, then the decision can be made in favor of the dealer. In case of non-compliance with the contractual terms, the court takes the side of the plaintiff. In doubtful cases, when both parties have strong arguments for being right, an autotechnical examination is appointed, which should clarify the situation.

Machines have firmly entered the life of every person. Many of us can no longer imagine our existence without these faithful "iron" friends. But more and more often there are situations when, when buying a car, the buyer discovers that it quality characteristics do not correspond to the declared, and therefore forced to go to the termination of the contract of sale. How it happens and what possible consequences expect on the seller and the buyer, is described in this article.

Is it possible to terminate the contract of sale of a car and the prerequisites for this

The return of a car under a sales contract is increasingly common in judicial practice. with mass distribution road transport, more and more often consumers are faced with situations when they come across a product that qualitative indicators which are in doubt and whose real characteristics differ significantly from those stated.

Most often, the main reason for canceling a car purchase agreement is to identify a factory defect. If such a situation takes place, then the product automatically falls into the category of inadequate quality. The seller may either be unaware of the malfunctions or deliberately fail to notify the buyer. Based on this, the consumer can demand from the seller:

• compensation for material damage that the buyer has incurred by eliminating the defects;
• reduction in the initial cost of the car;
• free elimination of all defects that were identified in the car.

It is worth noting that all of the above is prescribed in the legislative regulations, and when making a claim for compensation for a marriage, the user must be guided by civil law.

Part 1 of Article 475 of the Civil Code of the Russian Federation:
If the defects of the goods were not specified by the seller, the buyer, to whom the goods of inadequate quality were transferred, has the right, at his choice, to demand from the seller:

• proportional reduction of the purchase price;
• gratuitous elimination of defects in the goods within a reasonable time;
• reimbursement of their expenses for the elimination of defects in the goods.

If the buyer found a defect that cannot be eliminated, then in such a situation the contract of sale should be terminated or the product replaced with a new one that satisfies all the needs of the buyer.

Part 2 of Article 475 of the Civil Code of the Russian Federation:
In the event of a significant violation of the requirements for the quality of the goods (detection of fatal flaws, flaws that cannot be eliminated without disproportionate costs or time, or are detected repeatedly, or appear again after their elimination, and other similar flaws), the buyer has the right to choose:

• refuse to fulfill the contract of sale and demand the return of the amount of money paid for the goods;
• demand the replacement of goods of inadequate quality with goods that comply with the contract.

If you are faced with a situation where you need to cancel the sale and purchase agreement, then initially you need to formulate your claims to the quality of the goods in writing and send them to the name of the manager. He can offer you other options for solving this problem.

If the negotiation process has not led to any solution, then it is necessary to insist on an expert assessment. To do this, we formulate in writing all claims to the quality of the car. After the examination, it will be necessary to file a statement of claim with the courts, and attach the official verdict of the experts to it.

If the negotiations end with the fact that the dealership agrees to fix all the problems, then it is worth remembering that no more than 45 days have been allotted for this. At the same time, pay attention to the text of the agreement, it is likely that it contains completely different terms. If such a clause is not provided for in the agreement, then the seller has 45 days to troubleshoot. If during this period the breakdown is not eliminated, then it is necessary to draw up additional agreement, which would indicate the new terms during which the quality of the goods will be improved.

Part 1 of Article 20 of the Law of the Russian Federation dated February 7, 1992 No. 2300 - 1:
If the deadline for eliminating product defects is not determined in writing by agreement of the parties, these defects must be eliminated by the manufacturer (seller, authorized organization or authorized individual entrepreneur, importer) immediately, that is, within minimum term objectively necessary to eliminate them, taking into account the commonly used method. The term for eliminating defects in goods, determined in writing by agreement of the parties, may not exceed forty-five days.

If during the elimination of defects in the goods it becomes obvious that they will not be eliminated within the period specified by the agreement of the parties, the parties may conclude an agreement on a new period for the elimination of defects in the goods. At the same time, the absence of spare parts (parts, materials), equipment or equipment necessary to eliminate the shortcomings of the goods similar reasons are not grounds for concluding an agreement on such a new term and do not exempt from liability for violation of the term specified by the agreement of the parties initially. (Clause 1 as amended by Federal Law No. 234-FZ of October 25, 2007)

At the same time, do not forget that, according to the Decree of the Government of the Russian Federation of January 19, 1998 No. 55, the buyer of the vehicle does not have the right to provide him similar product for use on a free basis for the period until repair actions are performed with its purchase.

If you are faced with troubleshooting a car, then you should also know that the warranty period in this case will be extended by the period during which the car is not used by you for its intended purpose.

Part 3 of Article 20 of the Law of the Russian Federation of February 7, 1992 No. 2300 - 1:
In case of elimination of defects in the goods, the warranty period for it is extended for the period during which the goods were not used. The specified period is calculated from the day the consumer applied with a requirement to eliminate the defects of the goods until the day of its issuance upon completion of the repair. When issuing goods, the manufacturer (seller, authorized organization or authorized individual entrepreneur, importer) is obliged to provide in writing to the consumer information on the date of the consumer's request to eliminate the defects of the goods discovered by him, on the date of transfer of the goods by the consumer to eliminate the defects of the goods, on the date of elimination of the defects of the goods with their description, on the used spare parts (parts, materials ) and the date of issue of the goods to the consumer upon completion of the elimination of defects in the goods. (as amended by Federal Law No. 234-FZ of October 25, 2007)

Please note that if no more than 14 days have passed since the purchase, and your wiper or window regulator has failed, then this is already a good reason for carrying out repair actions. And if, with all this, the examination shows that the problems are caused by a defect from the manufacturer, then this is an essential basis for claims for a refund.

Return of a used car under a sales contract at the initiative of the buyer

If you decide to purchase a car from an individual, then you must be prepared in advance for the fact that the car will be used. This means that the car was actively used by the former owner for its intended purpose. And if within 14 days you identify any shortcomings that significantly reduce the quality characteristics of the machine, then in this case the termination of the contract will follow, but on condition that the rules of Article 10 of the Law of the Russian Federation of 07.02.1992 No. 2300 were not observed -1.

This applies to those situations where the former owner of the vehicle knew about the defects and damage, but hid this information from the buyer, setting himself the goal of selling the goods at a higher cost.

First of all, in order to return the car and collect your funds from the seller, you should contact him and try to solve the problem peacefully.

In any case, there are several possible outcomes of this case:

1. The seller agrees with all claims to the quality of the car, and agrees to accept the world. In this case, an agreement is drawn up on the termination of the preliminary purchase and sale transaction. It has a statutory form, and therefore we enclose it for a more thorough review.
2. The seller refuses to recognize the claims of the buyer and categorically does not agree to cancel the contract of sale. In such a situation, a solution can only be found with the help of the courts.

If you purchased a car from a person who is the head of a Limited Liability Company (LLC), then in this case it will be necessary to fill out an agreement, the form of which is approved at the highest legislative level, and which we are attaching so that you have the opportunity to deal with it in more detail familiarize.

Before you buy a car that has already been in use, do not forget to inquire about warranties. This will help you solve problems with a machine malfunction faster, because in case of breakdowns you can contact official dealer who will perform a full range of repairs.

However, if the warranty support has expired, then in such a situation it will be extremely difficult to return the car to its former owner. And in order to achieve justice, you will need highly qualified assistance from lawyers, as well as independent expert assessments.

Quite often, you can encounter situations where the owner of a vehicle sells it to make a profit or for his own personal interests. Litigation they are full of business when the car was bought on credit, and in order to pay off the debt faster, the owner sells the property, although he does not have any official rights to do so.

The result of such proceedings is a court decision to arrest the car and send a decision on decision new car owner. Besides, vehicle likely to be put up for auction to pay off all credit debt.

If the person who purchased the vehicle did not know that the car was purchased on credit, which had not been repaid at the time of signing the agreements, then the court will automatically take his side. And the first decision will issue a verdict on the return of money. And besides, the car will be returned under the contract of sale to the former owner.

In addition, do not forget that consumers can unilaterally cancel the agreement to purchase a vehicle that was previously used for its intended purpose. Patriotic the legislative framework includes several such cases:

• article 464, paragraph 4 of the Civil Code of the Russian Federation - the car is delivered inappropriately, which significantly exceed the agreed ones;
• article 443 of the Civil Code of the Russian Federation - the seller refuses to perform the necessary actions prescribed in the text of the agreement regarding insurance issues;
• article 433 of the Civil Code of the Russian Federation - the car was delivered in an incomplete configuration with no important details and spare parts;
• article 428 of the Civil Code of the Russian Federation - the goods are classified as low-quality;
• article 421 of the Civil Code of the Russian Federation - the car is delivered to the buyer in violation of the previously agreed information, in particular regarding the model of the car and its color scheme;
• article 417 of the Civil Code of the Russian Federation - the seller did not provide all the accompanying documentation for the car within the prescribed time frame;
• article 416 of the Civil Code of the Russian Federation - during the agreed delivery period, the car was never delivered to the new owner.

Return of a used car under a sales contract at the initiative of the seller

The return of the car under the contract of sale can be carried out not only at the initiative of the buyer, but also at the request of the seller. At the same time, it should be noted that such situations, although provided for by law, are extremely rare in practice. Basically, the main reason for the seller to start demanding the return of his goods is that the buyer does not pay the entire amount of money or does not pay the cost of the car in full.

In such a situation, the contract of sale of the car provides for a return. But for this you need to follow a few mandatory recommendations. In particular, we are talking about sending an official claim to the buyer with a proposal to terminate previous agreements and return the car. In this case, it is necessary to refer to Article 439 of the Civil Code of the Russian Federation.

If within a full calendar month there is no response from the buyer, then in this case it will be necessary to apply to the court at the place of his residence with a statement of claim, in which it is necessary to state in detail all your claims against the buyer.

It is also necessary to prepare some documentary support for the application, which includes notarized copies of the sales contract, receipts and bank statements, proof of notification of the buyer about the claims that have arisen, payment of duty and court fee, as well as confirmation that a copy of the claim was directed to the buyer.

The Russian legal framework provides that the seller has the full right to cancel the sale and purchase agreement if the following substantive reasons arise:

• the buyer did not pick up the car within the terms specified in the agreement. Article 462, clause 4 of the Civil Code of the Russian Federation;
• the consumer categorically refused the condition compulsory insurance, even though the agreement implied that this action will be entirely his responsibility. Art. 443 of the Civil Code of the Russian Federation;
• the buyer has not completed all settlement transactions on financial resources during the period established by the agreement for the settlement of settlement transactions. Art. 439 of the Civil Code of the Russian Federation.

Return of a used car under a sales contract by agreement of the parties

If any discrepancies are found, any buyer or seller should use this conflict resolution method. In fact, mutual agreement to break agreements is a peaceful way to resolve the problem.

It is necessary to draw the attention of the seller to all points that relate to vehicle problems. Based on the list of problems, you can formulate all your claims and demand the return of the funds that have already been transferred to the seller, and in parallel it is worth doing the cancellation of the contract for the sale of the car. If the seller agrees, then an agreement is drawn up in writing to terminate the previously signed agreements. If this does not happen, then in this case the buyer will have to issue a formal claim in writing, in the text of which the following key points will be indicated:

• a complete list of all the shortcomings of the car that were personally identified by the buyer;
• the demand for cancellation of the contract and the return of funds;
• notice that if there is no response from the seller, the buyer will be forced to initiate legal proceedings.

This document will need to be sent by mail with mandatory notification of receipt of the message by the addressee, which will serve as proof that the seller was informed of the buyer's requirements. This will be necessary for judicial review of the case if the seller ignores all the requirements of the consumer.

Return of a used car under a contract of sale through the court

If it is not possible to solve the problem peacefully, then it is necessary to initiate legal proceedings. First, it is necessary to draw up a written statement of claim, which must be filed with the court located at the place of residence of the seller. But before you do this, the seller should be notified of your next steps. This is required by law. That's why a copy of the statement of claim must be sent to the name of the seller by letter with notification.

The statement itself does not prove anything, therefore, documentary support must be attached to it, which consists of various receipts, notarized copies of the car purchase documentation, as well as confirmation that the defendant was notified of the buyer’s decision to initiate a lawsuit.

In the text of the statement of claim, it is mandatory to indicate a complete list of deficiencies and breakdowns that were discovered by the buyer, the period of use of the machine and information regarding material costs for troubleshooting, if any. Based on these data, it is necessary to indicate and justify the exact amount of damage caused and ask the court to annul the car purchase agreement, while referring to Art. 450, 454, 469, 470 and 475 of the civil law. In addition, it is also worth asking the court that all legal costs are also assigned to the defendant.

Also, don't forget about independent expertise cars. The expert commission must substantiate all breakdowns in writing, and determine whether the buyer, that is, the plaintiff, is related to them. If not, the court will take the side of the plaintiff and oblige the seller to return the buyer's money in full, additionally reimburse his expenses and compensate for the damage caused.

Expertise is often appointed by the court, so the cost of its implementation will eventually be entered on the losing side. It is the verdict from the experts that is the decisive factor that will have a significant impact on the final verdict of the court.

Return of the car under the contract of sale to the salon

The issues of returning a car to a car dealership are classified as intractable, since any company that sells vehicles and equipment for them has a staff of lawyers who will solve all the problems of the organization. However, they may not always win, and many buyers still seek the truth and protect their interests in full.

Judicial practice in relation to the relationship between car dealerships and buyers has very extensive roots. However, the most common cases, the reasons for the initiation of which are the following points:

• car has distinctive characteristics from those originally stated. This applies to the configuration of the machine, its model and color design, as well as the cost of the goods;
• detection of the fact that the purchased car is pledged to banking or credit institutions;
• detection after purchase of a number of technical inconsistencies and defects.

In any case, the first step in resolving such problems is to try to reach a peace agreement with the car dealership. To do this, you should contact the management of the salon with an official claim, which should also be sent in writing using a registered letter. At the same time, the claim must be drawn up in such a way that it refers to the provisions of the Law "On Protection of Consumer Rights".

If the answer to the claim does not come, then in this case it is necessary to prepare the ground for a judicial appeal. And this means that the consumer should write a claim and attach documentary support to it, which will act as an evidence base. For example, if the car is pledged, then you must provide an extract from the electronic database of pledged cars and other documents that confirm this fact.

If during the operation of the machine significant technical breakdowns and defects were found, then it is necessary to submit a request for an examination, which will confirm or refute the claims of the plaintiff.

If the problem is related to incomplete equipment, the model range of the car or its color design, then you should attach the original documents for the car, as well as copies of the agreements with the seller. If the characteristics indicated in them differ, the court will certainly take the side of the plaintiff and demand that all problems be eliminated.

Termination of the contract for the sale of a car with a car dealership

The main reason for canceling agreements with a car dealership is the delivery of a car whose technical condition raises many questions, that is, the delivery of goods with a factory defect. This issue is discussed in more detail in Art. 475 of the Civil Code of the Russian Federation. Here is a list of points for the resolution of which additional financial expenses are required.

Those goods, the quality of which is recognized as non-conforming, are transferred back to the seller and are subject to full or partial replacement for new ones. In addition, the buyer has the right to demand a refund of the money spent and cancel the purchase agreement.

But despite this, even if the dealership sells defective products, it categorically refuses to break the contract and return the money to the consumer. In this case, the case is significantly complicated, and its consideration passes under the jurisdiction of the courts.

If attempts at pre-trial settlement do not end with an amicable agreement, then it is necessary to draw up an act that will indicate all the defects of the car and its shortcomings. In addition, it is necessary to require an independent examination, which may be attended by the buyer or his authorized representative.

But do not forget that the representatives of the seller can also be present at peer review. Therefore, it is imperative to notify the representatives of the salon about the ongoing examination with an exact indication of the time and place of the conduct.

After the expert commission has issued a final verdict, all issues will be resolved during the trial.

Return of a car under a contract of sale, taken on credit

Given the widespread credit relations, the legislation also provides for the return of the goods that were purchased for credit funds. All issues of this nature are resolved and regulated by Articles 488 and 489 of the Civil Code of the Russian Federation.

Emergency situations that are associated with the purchase of a car that does not comply with GOST indicators are regulated by Art. 13 and 18 of the Civil Code. They oblige the seller to take the goods back and return the money received for it. cash if its characteristics do not correspond to those previously declared. If the car was purchased on credit, then there are no special problems if the loan was issued with the participation of a car dealership.

But if the loan was issued at the bank, then in this case the contract cannot be terminated. And the buyer, in fact, is ultimately left without a car, and even with a solid loan debt. And at the same time, he can be punished in the form of a fine for non-compliance with the terms of the loan agreement.

In order not to encounter such a problem in real time, it is imperative to notify the bank in writing about the termination of the loan agreement. If the bank refuses to satisfy your request, then in this case it is necessary to try to resolve everything at the pre-trial settlement stage.

If the bank does not mind, then do not forget to get a written consent from it, with the signatures of the heads of the structure. Verbal consent will not give anything, so you must have written confirmation on hand.

If attempts to resolve problems out of court failed miserably, then you need to go to court only when you have paid all the money under the terms of the loan. At the same time, you should not stop paying monthly payments, otherwise the consequences for the lender will be very serious.

After the loan is repaid, it is worth going to court and demanding compensation from the seller for the material damage caused. The claim must refer to Art. 13 of the Law "On the Protection of Consumer Rights", according to which the seller is liable for damages. In a specific case, in the form of damage there will be a loan that you paid in full, and it is this entire amount, together with interest charges, that should be presented to the court for compensation.

Video how to return a car under a sales contract

Without a doubt, one of the most expensive purchases in a person's life is a car. And one of the most difficult, because situations often occur when one of the parties (most often the buyer) is not satisfied with the result of the transaction. Is it possible to terminate the contract of sale legally? In what cases is this possible? What are the features of the cancellation of the PrEP between individuals and legal entities? All these questions will be discussed in our article.

Which document to be guided by when wishing to cancel the DCT depends on who the agreement was drawn up between:

1. If there is a purchase of a car from hand to hand, that is, between citizens, then the legal aspects of the agreement are regulated by the Civil Code. The specifics of cancellation of the contract can be found in Article 450.
2. In the case of purchasing a car from a legal entity, there is every reason to use legal aspects contained in the Law "On Protection of Consumer Rights".

Cancellation of PrEP between citizens

It should be noted right away that in the overwhelming majority of cases, the initiative to terminate the concluded contract comes from the buyer. Naturally, the seller may not be happy with anything - if only it turns out that the money is fake (but most attentive citizens check this fact at the time of receiving the funds).

But the new owner still has a vehicle, about which a lot of interesting things can be learned after the conclusion of the contract, during its operation. For example, it might turn out that:

• the car does not meet the declared technical characteristics;
• the purchased car has serious irreparable damage, which the seller did not mention at the time of purchase;
• car ;

All this, of course, will force the buyer to look for ways to cancel the transaction.

However, in accordance with paragraph 2.1 of Article 450 of the Civil Code of the Russian Federation, it is possible to cancel the DCT only if there is a substantial basis for this. At the moment, under this legal term lies the basis for which the buyer received less than what he paid money for according to the provisions of the contract of sale.

This means that if, after purchasing the vehicle, you find “jambs” that, neither in aggregate nor individually, are essential for the operation of the entire “unit”, proceed to correct them at your own expense. Of course, you can try to get compensation for them from the seller, but you have no right to demand this forcibly. Everything will remain on conscience former owner cars. In this case, it is more expensive to enter into unpromising litigation.

Cancellation by agreement of the parties

This is the most desirable option, but in practice it is not so common. There may be 2 scenarios for the development of events, one of them is when both parties do not want to comply with the provisions stipulated by the agreement. Cancellation is purely technical. This happens, for example, when the buyer decides to buy another car from the same seller, or when the person who paid the deposit for the vehicle is announced, etc. In any of these cases, the transaction is terminated with the least loss, namely as follows:

1. If a DCT is simply drawn up between the parties without certification by a notary, it is physically destroyed.
2. If the car managed to be re-registered to the buyer, and the contract was certified by a notary office, then the car should be re-registered to the previous owner, and the DCT should be canceled at the notary.
3. If the agreement was concluded only between two persons, but they managed to make an entry in the TCP, then you need to cross out this entry, write “contract terminated”, and put two signatures next to it - the seller and the buyer.

The second case is when only the buyer wants to terminate the transaction and convinces the seller to do this by agreement of the parties. Even if the latter makes concessions, and the cancellation takes place without conflicts, it is necessary to draw up an agreement in writing. It indicates information about both parties, the date and number (if any) of the contract of sale, an indication that the agreement is terminated by mutual agreement and its provisions are canceled, the date this document was drawn up and the signatures of the parties. A sample agreement to terminate the DCT is available. It would also be reasonable to draw up an act of acceptance and transfer of the vehicle, which should reflect the absence of claims to the technical condition of the car.

But in practice, the option described above happens extremely rarely. After all, no one likes to return the money received. In addition, they may already be spent. If the opponent does not make contact or categorically refuses to terminate the deal, you should do this (in that order):

1. In front of witnesses, argue to the seller the legitimacy of your claims.
2. Give time to think. If no action was taken on his part, it is necessary to draw up a claim in writing. It reflects:

• a detailed list of shortcomings in the operation of the vehicle, identified during its operation;
• a request to voluntarily terminate the agreement and return the money;
• a warning about filing a lawsuit in court, if this claim is ignored;
• your signature and date.

The seller has 1 month to respond. If they do not follow in the context in which they are expected by the dissatisfied buyer, he has every legal basis to file a lawsuit.

I would like to note that it is necessary to do exactly as described above. Quite often in life, people who have discovered malfunctions in a purchased car act thoughtlessly and in a temper (sometimes it comes to assault). It usually does not end with anything good, because the buyer is retrained from the victim to the offender. The seller can write a statement to the police, and the law will be on his side. This will lead not only to additional waste, but also, possibly, to criminal liability.

Cancellation by court order

It is easier to achieve success in this difficult matter with the help of a qualified lawyer. At the same time, it is best if he specializes in business in the automotive niche. So, the algorithm of actions of the plaintiff is as follows:

Ways to cancel the contract of sale of a car

1. Drawing up a claim. It indicates all the circumstances of the case, namely: the essential grounds, because of which you want to return the car. Supplement this with information about the period of use of the purchased car, the amount of monetary compensation for the harm caused to you (if you want to receive it), the amount paid for the car that you want to return, the requirement cancellation of PrEP. You should refer to the Civil Code of the Russian Federation, namely articles, and.
2. Sending one copy to the defendant by registered mail. The receipt of payment of the fee is retained.
3. Filing a claim. This usually takes place at the defendant's place of residence. In addition to the statement of claim, the following documents are sent to the court:

• receipt of payment of the fee to the court;
• contract for the sale of a car;
• the act of transfer of the vehicle (if it was drawn up);
• a claim that was previously sent to the seller (together with a registered letter check);
• check confirming that the statement of claim was sent to the defendant.

1. Application for a special examination. It is she who confirms or refutes the plaintiff's claims to the condition of the purchased car, indicated in the statement of claim. On the document drawn up on the basis of the results of a special examination, the judge is mainly based in making a decision. The obligation to pay for checking the technical condition of the machine (together with other legal costs) lies with the guilty party, recognized as such by a court decision.

If the judge makes a positive verdict, then the contract of sale is canceled, the car is returned former owner, and the failed buyer receives the entire amount paid for the vehicle, plus the amount of compensation for non-pecuniary damage (if it can be proved). In addition, the defendant reimburses legal costs and pays for a special examination.

If, however, it is not possible to prove one's case (most often this happens if the judge considers the claims of the plaintiff to be insignificant), then the provisions of the DCT remain in force, and all legal costs are covered by the plaintiff. Therefore, before proceeding to litigation, make sure that your grounds are really substantial.

Cancellation of the monetary policy at the initiative of the seller

In practice, such cases are much rarer. One of the possible options is when the car is sold in installments and the buyer at some point stops making payments. This may be unintentional, but, in any case, selling a car at a price below the agreed price cannot satisfy the seller of the vehicle.

The procedure is the same as above. First, the seller verbally demands to terminate the agreement and return the vehicle. A written claim is sent to him if he does not agree to this proposal. A month later, you can file a lawsuit and start a lawsuit. The only difference is that it is not necessary to conduct a special examination. It will be needed only if the returned car will be defective or in a worse condition than at the time of its implementation. But here you will have to draw up a second claim demanding compensation for damage caused to the car.

Termination of the PrEP with a car dealership

It should be said right away that this is quite difficult to do, since each such institution has a full-time lawyer who specializes in such cases. But there have been precedents. Therefore, if you are convinced that you are right, act. Most often, buyers enter into a “fight” with a car dealership for the following reasons:

IN general case the procedure for defending one's interests is similar to the one described above - when buying a vehicle from an individual. The main difference is that the buyer should refer not to the Civil Code, but to the Law “On Protection of Consumer Rights”.

First, it is still worth trying to negotiate with the salon peacefully. If this fails, a claim must be filed. In addition to the above list of documents, for litigation with a legal entity, the following documents should be attached:

• order-order, act of acceptance and transfer of a car, etc. - if the parameters of the car differ from those stated in the agreement;
• the results of the special examination - if significant defects are found in the machine;
• an extract from the database of pledged cars - when buying a pledged car.

Termination of the credit contract of sale

Another variation of purchasing a car from a legal entity is making a purchase on credit, which is regulated by articles and the Civil Code of the Russian Federation. And in this case, all sorts of unpleasant situations may arise, for example, malfunctions of the car will be discovered or a discrepancy between the vehicle and the technical characteristics stated in the agreement will be found out.

As in the previous situation, you must first try to resolve the issue without judicial participation. If the bank does not object, then before canceling the contract of sale loan car, it is necessary to obtain a written consent signed by the heads of the structure. Verbal agreements mean nothing in this case.

If the creditor refuses to cancel the agreement, you should continue to pay monthly payments and prepare a claim in parallel. Any delay will make you not injured, but guilty and, moreover, of all “mortal sins”. You can start litigation only after the full repayment of the loan. Keep all payment documents and make statement of claim referring to . According to it, the other party will be obliged to pay the affected party the entire amount of damage (that is, the entire loan with accrued interest).

Deadlines provided by law

According to part 3 of article 453 of the Civil Code of the Russian Federation, upon termination of the contract, obligations cease from the moment the document on the cancellation of the DCT is drawn up, and if the case was considered in court, then from the moment the court decision comes into force.

Civil Code of the Russian Federation Article 453. Consequences of changing and terminating the contract

3. In the event of a change or termination of the contract, obligations shall be deemed to be changed or terminated from the moment the agreement of the parties on the change or termination of the contract is concluded, unless otherwise follows from the agreement or the nature of the change in the contract, and in the event of a change or termination of the contract in a judicial proceeding - from the moment of entering into the legal force of a court decision to amend or terminate the contract.

How long after a contract has been entered into can it be terminated? In general, Russian law provides 3 years limitation period, that is, the contract can be canceled within three years from the moment the injured party discovers the fact of violation of its rights. But if, a year after the purchase of the vehicle, you want to terminate the agreement due to an engine breakdown, then, naturally, the chances of success for this event are quite small. You will have to prove that you did not cause this breakdown, but it is quite difficult to do this. Therefore, the sooner you begin to restore justice, the greater the chance of success.

Of course, if the rights are violated, the buyer or seller must defend their rights. But in order to avoid such a situation, you should before buying a car:

• check everything carefully specifications(it is best to order a full diagnostics in the service station) and documentation;
• exclude the presence of a car in a burden ();
• scrupulously develop a DCT - describe in detail all the features of the car, the obligations of each of the parties, as well as liability measures in case of default.

If the second party to the transaction does not want to negotiate amicably, and the case goes to court, it is better to turn to the services of a professional lawyer.