Disputes with car dealers

What is happening

At purchase: the car was quoted at one price, but on collection day "mandatory extras" appeared, along with insurance, a roadside assistance card and a certificate for "legal services". Without them the car will not be released, and the discount, it turns out, applies only if you take the loan.

You paid a deposit, the delivery date has passed and the dealer announces a "manufacturer price rise", offering the choice of paying more or waiting longer. Sometimes the money was paid under a contract in which the dealer acts not as seller but as agent.

After purchase: the gearbox, engine or electronics fail under warranty, the car sits at the official dealer for weeks, and the fault returns after repair. A separate story is used cars sold by dealers with wound-back mileage or hidden damage.

What the law says

• Cars are on the list of technically complex goods, so after 15 days the contract can be cancelled on the grounds in Article 18 of the Law of the Russian Federation No. 2300-1 of 7 February 1992 "On Consumer Rights Protection" (the Consumer Protection Law): a material defect, a missed repair deadline, or long periods out of use within a warranty year.
• A repair period agreed between the parties may not exceed 45 days (Article 20 of the Consumer Protection Law); missing it is in itself a ground for cancelling the contract.
• Defect claims can be brought not only against the seller but also against the manufacturer or importer; the choice depends on the circumstances and on who can actually satisfy a judgment.
• Making a sale conditional on buying other goods or services is prohibited (Article 16 of the Consumer Protection Law); paid add-ons such as assistance cards and certificates can be cancelled with a refund less the provider's actual costs.
• If a prepaid car is not delivered on time, the seller pays a penalty of 0.5 per cent of the prepayment per day and must refund the money at the buyer's request (Article 23.1 of the same Law).
• The seller must give full and accurate information about the goods, including the mileage and damage history of a used car; if the information was inaccurate, the buyer may cancel the contract and claim damages.

What we do

• We go through the documents: the sale contract, any agency agreement, discount side-letters, the loan agreement, certificates and option contracts.
• We establish who the seller is on paper, whether the Consumer Protection Law applies and against whom claims are best brought.
• We send notices cancelling forced add-ons and certificates and demand refunds of what was paid.
• For faults, we piece together the history of visits to the dealer, count the days off the road and the repair periods, and assess whether there are grounds to return the car.
• We arrange a vehicle expert report and frame the questions on the nature and materiality of the defects.
• We prepare the claim and the lawsuit and represent you in court, including where the manufacturer or importer is a party.

What we will need from you

• The sale contract, the handover certificate, and all supplementary agreements and annexes.
• Documents for add-ons: certificates, cards, policies, option agreements and receipts.
• The loan agreement and repayment schedule, if the car was bought on credit.
• Job cards, work completion certificates and warranty repair requests.
• The service book, vehicle history and diagnostic reports, and photos and video of the faults.