How to return a prepayment for a car at a car dealership

A trip to a car dealership does not always end with the purchase of a car. In some cases, a prospective buyer may not be satisfied with the car’s equipment or its color. The way out of the situation is to buy a car to order.

Salon managers strongly recommend making an advance payment. This arrangement of events is beneficial to both parties. The salon receives a guarantee that the client will definitely return for a purchase, and the buyer frees himself from the exhausting search for a suitable model.

It is not uncommon for a buyer's plans or financial circumstances to change. Therefore, in a situation where the client changes his mind about making a transaction, the question arises about returning the prepayment.

Advance concept

An advance is necessary to record the buyer's intentions. The salon, by prior agreement, accepts from the client an amount of money equal to several percent of the purchase price. That is, the money paid as an advance covers the seller’s upcoming expenses.

The agreement between the parties to the transaction must be in writing. Unlike other types of partial prepayment, an advance payment performs only a payment function and is practically not protected by legislative norms.

Important: If the buyer, after completing the agreement, refuses the transaction, it will not be possible to return the advance payment in full. The refund will be made minus the seller's costs (for example, collecting and preparing documents for the car).

What is the minimum deposit required?

The amount of the deposit and the conditions for its return, as a rule, are immediately discussed in writing. This creates a guarantee for the seller and the client.

If the duties assigned to the car dealer are violated, the client, according to the law, can without any problems return material compensation in the amount of double the amount of the deposit.

Despite the existence of its own rules for the deposit return procedure, they should not contradict the Civil Code of the Russian Federation. A car dealer must act in accordance with the law and not abuse his rights.

Simply put, when making an advance payment for a new car, you should not confuse the terms “advance” and “deposit”. These concepts are completely different. Since a deposit is common when concluding a transaction at a car dealership, it is necessarily accompanied by a subsequent agreement.

And an advance is transferred when purchasing a vehicle from a private person or at a car dealership, but without an appropriate agreement.

Expert opinion

Sokolov Sergey Igorevich

Legal consultant with 6 years of experience. Specialization: family law. Extensive experience in defense in court.

Now, after reading this article, you will be much more legally savvy, more vigilant when paying an advance and giving a deposit when purchasing transport.

Also, the deposit, as included in the price of the car, must be returned by the seller if the car is returned to the dealership under warranty.

What is a deposit and what functions does it perform?

The concept of this type of prepayment is explained in Art. 380 Civil Code of the Russian Federation.

The deposit performs two functions:

Important: The agreement to make a deposit must be drawn up in writing and must indicate the amount of the advance payment. Otherwise, this amount is considered paid as an advance!

Procedure for returning the prepayment

To ensure that problems are eliminated later, require an agreement that clearly states the amount. Until this moment, money should not be transferred. You should not expect that sellers will easily and simply return the amount you paid if they violate the terms of the contract, but with the right actions you will be able to protect your rights.

The first step is to notify the car dealership that you want to terminate the car purchase and sale agreement and return the advance payment. This must be done in writing. Typically, this notice is filled out on the premises of the salon. You take two forms. One is intended for an application to terminate the contract, and the second is for an application for the return of the prepayment you made. It is advisable to obtain copies of both documents indicating the date of their acceptance and the signature of the official who accepted the papers.

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If the management of the car dealership does not want to give you copies of applications with a mark of their acceptance, it means that they are set up for confrontation and are trying not to leave you with legal evidence of the fact that you contacted them.
In this case, it is better to immediately seek help from a lawyer. Review of the application will take some time. The car dealership employees are obliged to inform you about the decision; leave them your phone number and email address. If the answer is positive, the money spent will be returned to you, and the purchase and sale agreement will be terminated. If the decision is negative, then you need to start preparing for a judicial solution to the problem that has arisen.

Properly conducting the process with filing all necessary claims, statements and lawsuits, collecting and presenting evidence is a job that should be done by a qualified lawyer. If you yourself do not have such experience, it is better to hire a lawyer who will represent your interests and achieve a verdict in your favor.

When a buyer decides to make an advance payment, he expects to receive a car of exactly the make, model, configuration and color that he ordered. An important factor is compliance with machine delivery deadlines. It should be noted that car dealership employees in some cases take on obviously impossible obligations, hoping to increase their earnings.

Their calculation is based on the fact that a buyer who has been waiting for a car for a long time will be convinced. For example, they will tell you that not the pale green color you chose, but orange is the most fashionable color this season, that you don’t need a number of functions at all, and you can take a car with a smaller configuration. Finally, they may offer you a higher-class model, convincing you that this is what you deserve, thus offering to significantly increase the amount of money you planned to spend on purchasing a car. It must be said that sales specialists in salons, as a rule, pursue the goal of earning as much as possible, and not of choosing the ideal model for you, and they often manage to put their plan into action.

There are also objective reasons for the salon’s failure to fulfill its obligations. A manufacturing company, for example, may stop producing a car in the color you have chosen, and the showroom will not be able to provide it to you, or they will change customs rules, and the car will seriously rise in price.

In both cases, it is the buyer who decides what to do next. If the terms of the contract are not fulfilled by the supplier, you have the right to demand a refund of the advance payment and even double this amount. However, practice shows that people and organizations that have received money are extremely reluctant to return even the bulk of it. If such problems arise, there will be a trial.

This is also important to know:
How to correctly file a claim with a car dealership for warranty repairs

You have the right to represent your interests in court in person, but if you are interested in achieving an acceptable result as quickly as possible, it is better to hire a lawyer.

Experienced lawyers cooperating with our website are always ready to help you and defend your interests during pre-trial proceedings or in court. Fill out the form on the website or call the numbers provided and schedule a consultation.

If you sue

There are situations when, after filing a claim, the car finally arrives. And then a dilemma arises: do you still have to pay the double deposit or pick up the ordered car? Here everyone is free to decide for themselves. But as practice shows, many people opt for the car option.

If the car is no longer needed or another option has been chosen to purchase it, then it makes sense to file a lawsuit. In this case, it is advisable to consult with a lawyer in advance about the possible contents of the document. He will tell you which arguments are best to emphasize and which documents to attach to the statement of claim.

It is better to consult with a lawyer in advance about all the nuances of filing a claim and considering a lawsuit. It is possible that it will be possible to find a compromise that suits all parties.

When the court decision comes into force, the lawyer will help to collect the money forcibly through enforcement proceedings. Here the specialist will establish close cooperation with bailiffs.

Refund of advance payment upon cancellation of purchase

Chapter II of the Law “On Protection of Consumer Rights” regulates the issue of refusal to purchase a car after making an advance payment. Namely, if within 15 days from the date of purchase, the buyer provides evidence that the car has significant defects, he has the right to demand a refund of the entire amount paid, including the deposit.

If these conditions are violated, the managers of the car dealership have the right not to accept the vehicle (based on Resolution of the Government of the Russian Federation of January 19, 1998 No. 55).

If the buyer changes his mind about bringing the transaction to its logical conclusion, he also has the right to demand the return of the deposit amount. However, this condition must be specified in the contract. To do this, the buyer must come to the salon where the agreement was signed and declare his intentions. The dealer will ask the customer to fill out two applications:

1. Application to terminate the contract.
2. Application for the return of the paid amount.

If the dealer refuses to return the deposit, the buyer has the right to go to court to resolve the dispute.

What to do if the salon refuses to voluntarily return the deposit

The whole question is what is written in the agreement concluded when transferring money. That is why, before signing a document, it is recommended to study it carefully, reading all the attachments.

What grounds should there be to return a car after purchasing it? Find out here.

Initially, you should not believe the seller’s words; they will not have legal force if the case ultimately goes to court.

Refusal to purchase a car and return of advance payment.

It is worth understanding that if an agreement was previously concluded, refusal to purchase will bring losses to the client, and even attempts to prove the case in court may be unsuccessful and will only lead to even greater expenses.

How managers work

Salespeople today are more focused on making money. Their priority is to sell here and now. And when the client wants to return the deposit, they simply lose the client and part of their earnings.

Therefore, many of the managers are trying their best to convince the buyer not to take the money. In return, he will be offered the maximum number of options for other cars that are currently available in the showroom.

How can I return a used car to the seller? See the link.

Funds must be returned, provided that the dealer has not fulfilled his obligations on time.

The car dealership did not fulfill its obligations. How to return a prepayment

The law establishes the right to demand the return of the deposit amount in case of violation of contractual obligations by the seller (Part 3 of Article 487 of the Civil Code of the Russian Federation).

It is not only the Civil Code of the Russian Federation that protects the rights of the buyer. Article 23.1 of Law No. 2300-1 gives him the right to demand full compensation for losses incurred as a result of failure to fulfill contractual obligations.

By paying a deposit, the car dealership client expects to receive the car within a strictly specified time frame. If the vehicle does not go on sale within the specified period, the dealer is obliged to notify you in advance. Typically, the buyer is offered three options for the development of events:

1. Refund of the deposit amount.
2. Changing car delivery dates.
3. Buying another car with similar characteristics.

The choice is always up to the buyer. However, the managers of the car dealership are aimed at maintaining the prepayment amount. Therefore, they will tactfully insist on changing delivery dates.

The legislative framework

The answer to the question of whether it is possible to return the advance payment for a car is contained in Article 487 of the Civil Code of the Russian Federation.

Article 487. Advance payment for goods 1. In cases where the purchase and sale agreement provides for the buyer’s obligation to pay for the goods in full or in part before the seller transfers the goods (advance payment), the buyer must make payment within the period provided for by the agreement, and if such a period is not provided for by the agreement , within the period determined in accordance with Article 314 of this Code. 2. If the buyer fails to fulfill the obligation to pre-pay for the goods, the rules provided for in Article 328 of this Code are applied. 3. In the event that the seller, who has received the advance payment amount, does not fulfill the obligation to transfer the goods within the established period (Article 457), the buyer has the right to demand the transfer of the paid goods or the return of the advance payment amount for the goods not transferred by the seller. 4. In the event that the seller does not fulfill the obligation to transfer the prepaid goods and is not otherwise provided by law or the purchase and sale agreement, interest is payable on the amount of the prepayment in accordance with Article 395 of this Code from the day when, according to the contract, the transfer of the goods was supposed to be be made until the day the goods are transferred to the buyer or the amount pre-paid by him is returned to him. The contract may provide for the seller's obligation to pay interest on the amount of the advance payment from the date of receipt of this amount from the buyer.

It talks about the possibility of making an advance payment, as well as cases when funds can be returned and on what grounds. The process of purchasing and using a car is also described in Article 23.1 of the Consumer Protection Law.

Article 23.1. Consequences of violation by the seller of the deadline for transferring prepaid goods to the consumer

1. The purchase and sale agreement, which provides for the consumer’s obligation to pre-pay for the goods, must contain a condition on the period of transfer of the goods to the consumer.

2. If the seller, who received the amount of advance payment in the amount specified in the purchase and sale agreement, did not fulfill the obligation to transfer the goods to the consumer within the period established by such agreement, the consumer, at his choice, has the right to demand:

transfer of the paid goods within the new period established by him;

refund of the amount of advance payment for goods not transferred by the seller.

In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of violation of the deadline for the transfer of prepaid goods established in the sales contract.

3. In case of violation of the deadline established by the purchase and sale agreement for the transfer of prepaid goods to the consumer, the seller shall pay him a penalty (penalty) for each day of delay in the amount of half a percent of the amount of prepayment for the goods.

The penalty (penalty) is collected from the day when, according to the purchase and sale agreement, the transfer of the goods to the consumer should have been carried out, until the day the goods are transferred to the consumer, or until the day the consumer’s demand for the return of the amount previously paid by him is satisfied.

The amount of the penalty (penalty) collected by the consumer cannot exceed the amount of advance payment for the goods.

4. The consumer’s demands for the return of the amount paid for the goods and for full compensation for losses are subject to satisfaction by the seller within ten days from the date of presentation of the corresponding demand.

5. The consumer’s requirements established by paragraph 2 of this article cannot be satisfied if the seller proves that the violation of the deadlines for transferring the prepaid goods to the consumer occurred due to force majeure or the fault of the consumer.

Advance and deposit: what is the difference

First of all, it is necessary to distinguish between the concepts of advance and deposit. The advance is paid by the buyer to the seller in the event of a receipt for a subsequent purchase and is, in fact, an initial payment.

In this case, the receipt contains the following information:

• passport details of the buyer and seller;
• license plates of the purchased vehicle;
• year of manufacture of the car;
• model and brand.

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If an advance is made, it is returned only if the cost of the car increases sharply. If the buyer simply changes his mind, the funds cannot be returned.

If a purchase and sale agreement has been drawn up, the deposited funds will be considered a deposit. Then the contract specifies the terms of delivery of the required car, a penalty that will be charged in case of non-payment of the remaining amount by the specified date.

Additionally, a document is drawn up that describes all possible options for the development of events, as well as the size of the deposit. This is an additional guarantee for the seller and buyer.

Prepayment return algorithm

In order to return the prepayment, the buyer must personally appear at the car dealership with a statement of termination of the contract. The dealer is given 10 days to review the request.

The application is submitted to the manager. The form of compilation is free, but the following details and information must be indicated in the text:

1. Full name of the car dealership, its address, full name of the manager.
2. Information about the buyer (full name, registration and/or residence address), telephone number.
3. Date of the transaction.
4. Terms of a transaction.
5. Deposit amount (be sure to write it in letters).
6. Reasons for termination of the contract.
7. Expressing a demand for the return of the deposit.
8. Date and signature.

If, at the end of the period for consideration of the application, the car dealership refuses to return the advance funds, the client must proceed to the stage of drawing up a claim.

The claim is drawn up in two copies. One of them is given to the dealer. On the copy that remains with the buyer, it is necessary to put the incoming registration number of the document and the date of its acceptance for consideration. If the salon employees refuse to accept the claim, it should be sent by registered mail with notification.

The dealer is also given 10 days from the date of receipt to consider the claim (the date of receipt will be indicated on the postal notification). If the reason for termination of the transaction was a poor-quality product, an examination is appointed, based on the results of which a final decision will be made.

Statement of claim and terms for returning the deposit for the car through the court

The statement of claim contains information about the amount, circumstances and date of delivery of the advance payment, information about the seller and buyer, and a description of the car - the subject of the transaction. An experienced lawyer will prepare a competent claim with references to laws and legal justification for the plaintiff’s claims. Such a document will become a convincing argument for the court and increase the chances of winning the case.

If the result is positive, the plaintiff will receive money after the court decision comes into force. 30 days after the verdict, enforcement proceedings begin to collect funds from the car dealership. In the event of a claim settlement, the car dealership is obliged to return the prepayment faster - within 10 days.

Complaint to Rospotrebnadzor

Rospotrebnadzor is a federal service that protects consumer rights. A complaint should be filed with this authority only after a refusal to return the deposit has been received from the dealer. The absence of an official response from the management of the car dealership (if there is a mark indicating that they have received the complaint) is also grounds for a complaint.

The application to the federal service contains the same information as in the application for termination of the contract. The complaint must also be accompanied by a copy of the contract, a receipt for payment of the deposit and the claim.

Rospotrebnadzor considers citizens' appeals within 30 days. If the outcome of the review is an order to eliminate the violation, the dealer will be required to comply with all requirements of the federal service. In case of non-compliance, the management of the car dealership will be held administratively liable.

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Often, in order to secure the buyer’s intention to purchase a car, the seller offers the client to make an advance payment. As a result, both parties receive some advantages: the buyer is guaranteed the desired car, and the seller is guaranteed the implementation of the purchase and sale transaction and the corresponding profit.

However, sometimes after the prepayment is transferred, the financial situation changes, and the person changes his mind about making a purchase. Let's consider how to behave correctly and how to return the prepayment for a car.

Going to court

A lawsuit is an excellent way to protect your rights. Art. 131 of the Code of Civil Procedure of the Russian Federation establishes the form and content of such an appeal. A sample application can be found on the Internet.

In order for a positive decision to be made during the consideration of the case, the plaintiff will need to provide evidence of the validity of the return of the advance.

The main evidence in this situation is:

1. Contract of sale.
2. Car warranty card.
3. A check for payment of the deposit amount.
4. A copy of the application for termination of the contract and the outcome of its consideration.
5. A copy of the complaint and the response to it.
6. Conclusion of the expert commission on the vehicle malfunction.
7. An order to eliminate violations issued by Rospotrebnadzor (if any).

If the prepayment was made without concluding an agreement, the plaintiff must provide testimony from third parties. However, in most cases, the return of undocumented advance funds is impossible.

How is a deposit for a car set?

If we are talking about such a payment, then it is important to have an idea of ​​how to fill out a deposit when buying a car correctly.
In any case, the agreement on payment in the form of a deposit must be made in writing. As a rule, the conditions for the deposit are stipulated in a separate section of the car purchase and sale agreement. Therefore, you should make sure that in the main transaction, a separate clause states the amount of the deposit, as well as the timing and procedure for its return if the car is not delivered on time.

When a car dealership insists on a deposit, a specific date of transfer should be specified in the contract for the car. This will be an additional incentive for the seller to fulfill his obligations on time.

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In addition, you must keep a receipt or other payment document confirming the deposit of funds.

If the deposit clause is not expressly stated in the contract, the amount paid is considered an advance. How to return a deposit for a car at a car dealership? When the refusal of the car follows on his initiative. It is possible that in this case you will have to go to court.

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