Buying a new car is a very joyful event for the majority of ordinary citizens of the Russian Federation. But often joy is replaced by disappointment when a brand new car starts to fail every now and then, or after a short period of time significant defects are found. In this case, do not be upset. The law is on the buyer's side. The defective vehicle can be returned to the seller.
It is necessary
- - written notice to the seller;
- - application to the Arbitration Court;
- - act of independent examination.
Instructions
Step 1
In accordance with the Law on Consumer Protection No. 2300-1 of February 7, 1992 and the Civil Code of the Russian Federation, goods of inadequate quality can be returned and paid for, exchanged for similar goods or for more suitable goods. This fully applies to cars.
Step 2
Each car dealership gives a guarantee for the cars they buy. Correct operation and appropriate quality are guaranteed by the manufacturer. The warranty can be of a different period from 1 year to 5 years, but regardless of the interior and manufacturer, for each new car there is a state warranty, which is two years. That is, if they wrote in the salon that the warranty is one year, it means that for the second year they are obliged to replace parts, repair the car completely free of charge, since the goods are covered by a state guarantee (article 477 of the Civil Code of the Russian Federation and article 19 of the law on consumer protection). And therefore, within two years, and not the specified one year, the car can not only be repaired free of charge, but also replaced with a new one if it has spent more than 30 days in repair in general terms in one calendar year.
Step 3
Also, the car can be returned to the seller if a significant defect is found within two weeks from the date of purchase or if the seller has not eliminated the defects within the stated period. In all three cases, the buyer has the right to get his money back, get a serviceable new car of the same model, or choose another improved model.
Step 4
The buyer is obliged to declare all claims and requirements in writing. In the notification, you need to describe in detail all the requirements, deficiencies or breakdowns of the car. Everything. You don't need to do anything else. It is up to the car seller to prove, check, correct and return. That is, all responsibility for the buyer's claims lies with the seller.
Step 5
If the seller is not going to do anything, refuses to change the car or return the money, then you should contact the Arbitration Court. As proof, you will have to pay for an independent examination. Practice shows that the courts are almost always on the side of the buyer, because not a single person will create problems for himself just out of the blue. Based on this, the defective product must be replaced or the money must be returned.
