Author

Sergey Ershov

Registration number in the register of lawyers of St. Petersburg – 78/5563

At the car dealership, you chose a car and made an advance payment for it. However, you have an emergency, and the money set aside for the car is now needed to eliminate the consequences. We would like to return the amount previously paid, but are not sure if this is possible. I will tell you whether it is possible to return the prepayment for a car at a car dealership if you change your mind about buying, and what should be done to do this.

What are the different forms of prepayment?

The relationship between the seller and the buyer on the issue of making and returning an advance payment for goods is regulated by the norms of the Civil Code of the Russian Federation and No. 2300-1 of the Law of the Russian Federation.

In accordance with Art. 32 No. 2300-1 of the Law of the Russian Federation, the buyer has the right to refuse to fulfill the contract at any stage by paying the car dealership the expenses actually incurred by him.

Many car enthusiasts, when buying a car, do not particularly delve into the situation, how an advance payment for it is made. The most common mistakes made in this case:

• Agreements with the vehicle seller occur verbally without proper documentation.
• Documents are signed without legal analysis.

If the purchase and sale of a car went through without incident, as a rule, no one delves into the legal intricacies. Problems begin when controversial issues arise and the car enthusiast has to understand unfamiliar terms and eliminate the consequences.

The following forms of prepayment are distinguished:

1. Prepaid expense.
2. Deposit.

Sometimes citizens refer to the prepayment amount as a “deposit”, mistakenly believing that this is one of its forms. However, this has nothing to do with collateral. In ordinary life, many ordinary people do not see the difference between these concepts and consider them synonyms. However, this is not true.

It is important to understand the meaning and legal implications of each of these terms. Next I will analyze them in more detail.

How to determine what type of prepayment you made

As a rule, if the car is available at an official dealer, no advance payment is required. The buyer deposits cash at the seller's cash desk or transfers it to his account in the amount of the full cost of the car.

However, if delivery of the selected model in the desired configuration/color, etc. is expected, the seller has a direct interest in receiving an advance payment. This allows him to be confident in the subsequent execution of the transaction.

The concept of “advance” and “deposit” is given in Art. 380 of the Civil Code of the Russian Federation and boils down to the following:

• The amount of money that one of the contracting parties transfers to the other party as proof of the conclusion of the contract and to ensure its execution is a deposit.
• If, when making an advance payment, there are doubts whether this amount paid is a deposit, one should proceed from the following - when it is not named in the document as a “deposit,” this amount is considered an advance.

The agreement on the transfer of a deposit or advance payment is drawn up in writing. Thus, the difference in concepts becomes significant only at the moment of termination of the agreement of the parties.

What should you be prepared for when applying for an advance or deposit?

Advance and deposit are essentially preliminary cash payments that are taken into account when paying for goods. However, the advance, unlike the latter, is not security and performs only a payment function.

Whereas the functions of the deposit:

• Payment - manifests itself in partial payment for the goods.
• Security - guarantees certain actions of the parties in case of non-fulfillment/improper fulfillment of obligations under the contract.
• Evidentiary - confirms the existence of an agreement on essential terms.

Thus, the deposit is a security payment that gives the parties to the contract confidence in fulfilling their obligations to conclude a future agreement or fulfill the terms of the current one.

The main advantage of making a deposit for the purchased car is the guarantee of fulfillment of obligations under this purchase and sale transaction. The buyer and seller commit to a future purchase at a price they have agreed upon. The seller receives guarantees that the car will be sold, and the buyer that he will acquire ownership of it.

The disadvantages of making a deposit as an advance payment include:

• Difficult registration, as strict adherence to legal subtleties is required.
• A more complex return algorithm than, for example, an advance payment.

Important! If the documents do not indicate that the amount paid is a deposit, it is considered that an advance has been issued. If the parties to the transaction wish to arrange an advance, this should be stated in the agreement/receipt.

How to return a deposit for a car at a dealership

Pledge is understood as a method of securing the fulfillment of an obligation, in which the pledge holder, in the event of non-fulfillment/improper performance by the debtor, can compensate for his losses from the value of the pledged property, preferentially before other creditors - Art. 334 Civil Code of the Russian Federation.

The rights of the pledgee arise from the moment the pledge agreement is concluded. At the stage of drawing up a preliminary agreement between the parties on the purchase and sale of a car, the term “deposit” is not used and has nothing to do with it. Cash deposited as an advance payment for a future purchase cannot become the subject of a deposit.

Important! The amount of the advance payment, which citizens call the “deposit” for the car, has nothing to do with the pledge and is an advance or deposit.

What can you return if you refuse a purchase?

Decide what form of prepayment specifically in your case.
Unilateral termination of the contract and return of the prepayment for the car in case of refusal to purchase is regulated by Art. 381 Civil Code of the Russian Federation. At the same time, the answer to the question - is it possible to return the prepayment amount under the contract if the transaction does not take place - depends on a number of circumstances. I'll talk about this in more detail later.

In what cases is the deposit for the car returned?

The grounds for returning the deposit are provided for in Art. 381 Civil Code of the Russian Federation. If the parties provided for the transfer of exactly it, and subsequently the purchase and sale agreement was never concluded, the possibility of return will depend on the following:

1. If the obligation is terminated by agreement of the parties or as a result of impossibility of performance caused by force majeure circumstances (natural disasters/theft/car accident, etc.), the deposit is returned by the seller in the amount received.
2. If the transaction did not take place due to the buyer (bought a new car cheaper / changed his mind about buying / no longer needed the car due to deprivation of his driver’s license, etc.) - the deposit is not returned and remains with the seller.
3. If the contract is not fulfilled due to the fault of the seller (changes his mind to sell/sold to another buyer/violates delivery deadlines/does not sign the main sales contract, etc.), he is obliged to return double the amount of the deposit to the buyer.

Simultaneously with the loss of the transferred deposit/its return in double amount, the party responsible for failure to fulfill the contract is obliged to compensate the other party for the losses incurred. At the same time, they are reimbursed in the part not covered by it - para. 2 p. 2 art. 381 Civil Code of the Russian Federation.

Carefully re-read the contract and pay attention to the following points - whether it contains a condition that excludes the possibility of compensation for losses. If there is one, the deposit will only serve as compensation.

When is the advance payment for the car returned?

If the seller and buyer do not refer to the prepayment as a deposit in the document, it is considered an advance by default. The civil legislation of the Russian Federation does not contain separate provisions for an advance payment paid under a preliminary contract for the sale and purchase of a vehicle.

However, based on the general rules of civil law, unlike a deposit, an advance payment does not perform a security function. Its purpose is preliminary partial payment of the purchased property.

Consequently, regardless of which party is at fault for the failure of the sale and purchase transaction, the advance payment must be returned to the buyer in all cases of non-fulfillment of the contract. The seller who has received an advance is not obliged to return it in a larger amount than it was paid.

Important! If the buyer refuses the transaction for personal reasons after making an advance payment, in some cases it is not always possible to return the advance in full. A refund may be made minus the costs incurred by the seller (for example, collecting and preparing documentation for the car). Such expenses must be documented.

What the legislation says

Issues of interaction between the seller and the buyer are regulated by the Civil Code of the Russian Federation and the Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1. You need to understand that from a legal point of view, advance payment can be made in three options:

• Prepaid expense.

This is the part of the cost of the goods that is transferred to the seller before the goods are received. In this case, drawing up a contract is not necessary; an agreement is drawn up, the rupture of which often does not lead to legal consequences.

• Prepayment.

May be complete or partial. In this case, the prepayment is partial (usually 10% of the cost of the car), often such an advance payment is called a deposit. The deposit is a part of the cost of the goods transferred to the seller. The transfer of a deposit requires that its amount be specified in the contract, as stated in the Civil Code of the Russian Federation.

• Pledge.

This term is most often used in the lending industry. The essence of the pledge is that the creditor receives the right to realize it if the obligations of the second party are not fulfilled.

In everyday life, many of us consider these words to be synonymous, but from the point of view of the law they have different interpretations. In particular, returning the money transferred in the first two options is relatively simple, but serious problems may arise with the return of the deposit. Therefore, carefully read the papers you sign.

Most often, an advance is paid when purchasing a car. The parties to the transaction draw up a receipt. In this document they indicate the amount in digital and capital form, information about themselves and the car. Repayment of the down payment on a car can occur for various reasons, for example, as a result of a sharp change in the price of the car.

This is also important to know:
Returning goods of inadequate quality: which goods are considered to be of poor quality, exchange procedure, how to return money

Car dealerships typically use advance payment in the form of a deposit. The client has decided to buy a car of a certain brand and configuration, but something is preventing him from concluding the deal immediately. For example, the desired color of the car is not available in the interior. The salon, represented by its employees, undertakes to provide the client with the car he needs within a certain time frame, the buyer agrees to wait. In this case, a partial advance payment is taken and a sales contract is drawn up. The amount of money contributed is indicated in the agreement or a separate document.

This agreement is a guarantee for both parties involved in the transaction. They assume obligations and acquire certain rights. In particular, Art. 381 of the Civil Code of the Russian Federation allows the buyer, if the car dealership has not fulfilled its obligations, to demand a double refund of the prepayment. Sellers, of course, are aware of this legal requirement and often protect themselves by creating some kind of internal rules. You should not expect that double the deposit will be happily returned to you, but if you go to court, the law will be on your side if all transfer documents are completed correctly.

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

It doesn’t matter whether you were going to buy a car from an official dealer or from a used car dealership - the procedure will not be different. The exception is when the seller in the contract is an individual, and not the car dealership that accepted the car on commission. In this case, you will have to apply for a refund to a private person.

The procedure for returning the prepayment will depend on the form in which it was made. The algorithm of actions for an advance payment and a deposit is different. Next I will tell you about each of them in more detail.

How to return an advance payment

The procedure for returning the advance payment is quite simple. Follow the following algorithm:

1. Make sure that the form of prepayment specified in the contract is an advance payment.
2. Prepare a written notice to the seller refusing to continue cooperation and demanding the return of the advance amount.
3. Submit the notification to the seller in person with a receipt stamp on your copy or by mail in a certified letter. At the same time, I recommend informing the salon of your payment details for transferring funds or indicating another method in which you are ready to receive a refund of the advance.
4. Prepare a statement of claim to the court if you receive a refusal to apply/failure to receive a response to it within 10 days.

The document confirming the return of the prepayment amount must contain the following:

• Information about the dealer - his name and address.
• Information about the buyer - full name, place of residence, contact details.
• Information about the car - the subject of the transaction.
• Information about the concluded agreement, payment document.
• Description of the current situation.
• Links to legal norms.
• The requirement for the dealer is to terminate the preliminary contract for the purchase and sale of the car and return the advance amount.
• Bank details for prepayment transfer.
• Signature and date.

Sample application for refund of prepayment for a car (DOC 16 KB).

What is the procedure for returning the deposit for a car?

The algorithm for returning the deposit amount will depend on the buyer’s actions when refusing to purchase a car. He can try:

• Agree with the seller.
• Prove the impossibility of fulfilling the contract due to circumstances beyond his control.
• Prove the seller's guilt.

How to return an advance payment by agreement of the parties

If the buyer changes his mind about buying a car, he can try to negotiate with the management of the car dealership about not concluding the main contract for the sale and purchase of the vehicle by mutual agreement of the parties, or prove that he is not at fault for the failure of the deal.

If the seller does not object to such an offer, the parties will only need to enter into an agreement to return the deposit.

The document should indicate:

• The reason for not signing the purchase and sale agreement.
• The procedure and terms for returning the advance payment to the buyer.
• Bank details for transferring the prepayment amount.

How to return a deposit for a car at a car dealership by proving the seller’s guilt

Follow this order:

STEP 1

If you change your mind about buying a car and there are several days left before the end of the period allotted for concluding the main purchase and sale agreement (and there is no news from the seller), send him the purchase and sale agreement with a requirement to sign it. This will indicate the good faith of your intentions and desire to complete the transaction.

STEP 2

If the seller ignores your request or refuses, send him a demand (claim) to terminate the contract and return double the amount of the deposit, indicating bank details or another method of receipt.

Quite often in practice, such a requirement is combined with the above, citing the need to terminate the contract and return double the amount if the car dealership refuses to sign the main sales agreement.

STEP 3

If you do not receive a response from the seller within 10 days and do not return the deposit, prepare a statement of claim to the court.

How to prepare a claim

The claim is made in writing in 2 copies. When contacting the dealer in person, one copy is given to him, and on the other you should ask to put the incoming registration number and the date of its acceptance. If the car dealership staff refuses to accept such a document, send it by mail in a valuable letter with a list of the attachments.

The claim should indicate:

• Information about the buyer - full name, place of residence, contact details.
• Information about the car dealer - name and address.
• Information about the car.
• Circumstances of making an advance payment, information about the concluded agreement.
• Violations committed by the seller.
• Applicant's requirements.
• Date of compilation and signature.

The dealer has 10 days from the date of receipt to review the claim.

On a note! You can ask to indicate the name of the salon employee in the claim, but this is not necessary, because Usually the stamp of the organization is affixed and the registration number is indicated. An unauthorized person is unlikely to have access to the register and make any marks on the document.

Additional questions

What is the difference between an advance payment for a car and a deposit for a car?

The Civil Code of the Russian Federation distinguishes between the concepts of a deposit and an advance, indicating that if the parties have not directly indicated that the transferred amount constitutes a deposit, it is an advance.
The deposit agreement is always made in writing.

The main difference between these two concepts is the consequences of not concluding an agreement.

In what cases is the deposit for the car returned?

If the buyer and seller of the car directly wrote that the buyer gave a deposit for the car, and subsequently the sale and purchase never happened, then the deposit is returned in the following order:

• The transaction did not take place by agreement of the parties or it became impossible to complete it (the car burned down, drowned, was broken into an accident, was stolen, it was not the seller’s fault) - the seller returns the deposit to the buyer;
• The transaction did not take place because of the seller (changed his mind about selling, found another buyer and sold the car at a higher price, lost the key to the garage, etc.) - the seller returns double the amount of the deposit to the buyer;
• The transaction did not take place because of the buyer (he found a cheaper car, decided to buy a car of a different make or year, lost the need for the vehicle due to revocation of his driver’s license, etc.) - the deposit amount remains with the seller.

If the buyer refuses to purchase a car for subjective reasons, the deposit amount cannot be returned.

The party through whose fault the purchase and sale of the car did not take place shall reimburse the other party for all expenses incurred due to this situation.

This is also important to know:
What is a replacement fund: what does the consumer protection law say about it?

In what cases is the advance payment for the car returned?

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If in the agreement the seller and buyer do not call the transferred amount a deposit, it is considered an advance. The Civil Code of the Russian Federation does not contain separate provisions on advance payments under preliminary contracts for the purchase and sale of vehicles, however, based on the general conditions of civil law, the meaning of an advance payment is in advance payment for the purchased item.

The advance payment is returned to the buyer, regardless of the reasons why the purchase and sale of the car did not take place.

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.

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 to do if the car dealership refuses to voluntarily return the prepayment

If the dealer refuses to resolve the situation amicably, the consumer must send him a pre-trial claim. The document is also drawn up in free form and sent to the address of the legal entity. The organization must provide a response within thirty days from the date of receipt of the papers. After which, if the claim was ignored, the claim should be sent to court.

Is it possible to return a prepayment for a car at a car dealership?

This is where the question arises: is it possible to return the advance payment for a car left with the first car dealer?
The topic is quite slippery, because the deposit is taken so that the buyer does not refuse the purchase. And the seller does not sit idly by: he orders a car from the manufacturer (perhaps not the most popular configuration), and organizes delivery to the showroom. First you need to understand such concepts as: prepayment, deposit, advance payment, advance payment.

What to do if the dealer refuses to return the advance payment

Practice shows that situations where the management of a car dealership refuses a buyer to return the money paid are not isolated. In this case, the consumer remains to protect his rights by contacting the competent authorities. This is possible by submitting:

• Complaints to Rospotrebnadzor/prosecutor's office.
• Statement of claim for the return of the advance payment to the court.

How to file a complaint with Rospotrebnadzor

Rospotrebnadzor is engaged in protecting consumer rights. A complaint can be sent to him:

• After receiving a written refusal from the car dealership to return the money to the buyer.
• If you do not receive a response from the management of the car dealership - if there is a notice of delivery of the claim/refusal to receive it and failure to provide a response to it within the prescribed period.

The text of the appeal should include the same information as in the complaint sent to the car dealership. And if there is a response from the car dealership, the reason for its failure to comply with the requirements. Copies must be attached to the complaint:

• Contracts/agreements.
• Complaints and responses to them (if any).
• Receipt/cheque for prepayment.

Rospotrebnadzor is obliged to consider such an appeal within 30 days. As a result, they may issue an order to the dealer to eliminate the violation, which is mandatory. In case of failure to comply, the management of the car dealership may be subject to administrative liability.

Important! If the seller evades receiving a valuable letter, the message is considered delivered at the moment when it was received by him, but was not delivered to him or he did not familiarize himself with it due to circumstances beyond his control - Art. 165.1 Civil Code of the Russian Federation.

Thus, the notification can be considered delivered to the seller on the day of its return according to the shipment tracking report posted on the official website of Russian Post.

How to return an advance payment through court

When preparing a claim, follow the requirements specified in the Code of Civil Procedure of the Russian Federation.
If the parties were unable to resolve the dispute out of court, and the car dealership did not return the money within 10 days from the date of receipt of the claim, they should begin preparing a statement of claim to the court.

The document is drawn up in writing and must comply with the requirements of Art. 131 Code of Civil Procedure of the Russian Federation. The text of the statement states:

1. The name of the court to which you are applying (I’ll talk about this in more detail later).
2. Your full name and place of residence, as well as contact information.
3. Information about the defendant - name and address, as well as one of the organization’s identifiers: taxpayer identification number and main state registration number. You can find out the TIN and OGRN by the name of the legal entity on the website of the Federal Tax Service.
4. The title of the document is “Statement of Claim for Refund of Advance Payment.”
5. The cost of the claim is determined based on the amount of money recovered. It includes the prepayment amount to be returned, a penalty for late fulfillment of consumer requirements and the amount of losses incurred.
6. Circumstances that form the basis for the return of the advance/deposit.
7. Evidence of the validity of the return of the prepayment.
8. Information on compliance with the pre-trial procedure for contacting the defendant.
9. Links to legal norms.
10. The court is asked to recover from the defendant in favor of the plaintiff the amount of advance payment/interest for the use of someone else’s money/state duty, etc.
11. A list of attachments to the claim, including a notice of delivery of a copy of the claim sent in advance to the other party.
12. Date of preparation.

Be sure to sign the application in person.

Important! In this category of cases, plaintiffs are exempt from paying state fees if the cost of the claim does not exceed 1 million rubles. — pp. 4 clause 2 art. 333.36 Tax Code of the Russian Federation.

What documents should be attached to the claim?

The following documents must be attached to the statement of claim:

• Calculation of all amounts, including penalties and fines.
• Notice of delivery of a sent copy of the claim to the other party.
• A copy of the preliminary contract for the purchase and sale of a vehicle with the condition of prepayment or a copy of the agreement on the deposit.
• Payment documents confirming the prepayment.
• A claim for the return of the prepayment by the car dealership and documents confirming its receipt by the defendant.
• Written response to the claim (if any).
• A complaint to Rospotrebnadzor about violation of consumer rights and a written response to it (if filed).
• Other.

Which court should I go to?

Depending on the amount of the prepayment to be returned, the statement of claim is submitted to the magistrate (up to 100,000 rubles) or to the district (city) court.

Claims for the protection of consumer rights in accordance with Art. 29 Code of Civil Procedure of the Russian Federation and Art. 17 No. 2300-1 of the Law of the Russian Federation may be brought to court at the choice of the plaintiff:

• At his place of residence/stay.
• At the place of conclusion/execution of the contract.
• At the location of the defendant organization/at the address of its branch or representative office.

If the agreement specifies a different jurisdiction, you have the right to go to court of your choice (clause 22 of the RF Supreme Court No. 17). The courts do not have the right to return the statement of claim with reference to clause 2, part 1, art. 135 of the Code of Civil Procedure of the Russian Federation, since by virtue of Parts 7 and 10 of Art. 29 of the Code of Civil Procedure of the Russian Federation, the choice between several courts that have jurisdiction over the case belongs to the plaintiff.

Consequently, the condition of the purchase and sale agreement on the consideration of the dispute between the parties in a specific court is invalid in accordance with Art. 168 and art. 180 Civil Code of the Russian Federation.

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.

This is also important to know:
Is a guarantee valid on a check: what the law says

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:
What is warranty repair and how to use it when exchanging or returning goods

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.

Is it possible to return the deposit for a car under a preliminary purchase and sale agreement?

The possibility of using a deposit to secure obligations under a preliminary agreement is expressly established in clause 4 of Art. 380 Civil Code of the Russian Federation.

The request for the return of the deposit must be motivated. Its return will depend on the actions of the buyer after concluding the preliminary purchase and sale agreement - clause 2 of Art. 381 Civil Code of the Russian Federation:

• If he simply changed his mind about buying and was unable to agree with the seller on a return, the deposit remains with the other party.
• If he proves that the car dealership is guilty of failure to fulfill the contract, the dealership is obliged to pay him double the amount.

Therefore, the prepayment can be returned by presenting to the court evidence of the seller’s guilty behavior. To do this, the buyer needs to take certain actions - for example, send the other party a proposal to conclude the main contract within a specified period.

How to return a deposit by reclassifying it as an advance

A refund of the prepayment for a car at a car dealership in the form of an advance payment will be of interest to the buyer if he refuses to purchase. Because in this case the seller keeps it as sanctions.

In order to return the deposit, follow the following algorithm:

1. Check your contract for the prepayment form.
2. Make sure that the deposit can be re-qualified as an advance. A demand for the return of the advance payment may be made if there are significant doubts as to whether the payment is exactly a deposit.
3. Prepare convincing evidence to reclassify the deposit as an advance. For example, that the deposit agreement concluded by the parties does not have the essential features of a preliminary agreement, there is no security obligation and the transferred amount is an advance.
4. Draw up a statement of claim taking into account the requirements set out in Art. 131 Code of Civil Procedure of the Russian Federation.
5. File a claim in court personally or through a representative. It is also possible to send it by mail or electronically on the court’s website through the State Automated System “Justice” portal.
6. Take part in the trial. If a court decision is not in your favor, appeal.

1. Wait until the decision comes into force and receive a writ of execution.
2. Send the writ of execution to the bailiff service for execution.

How to return an advance payment for a car that was not purchased

To return the advance payment for a car that was not purchased, you must contact the dealer with an application to terminate the purchase and sale agreement. The seller is obliged to respond within 10 days. Let's look at the whole procedure in more detail.

Drawing up an application for the return of the deposit

The application is drawn up in free form and submitted to the head of the car dealership.

The text of the appeal must include the following information:

• dealer's name, address;
• Full name of the applicant, place of registration, contacts;
• date of conclusion of the purchase and sale agreement;
• information about making an advance payment;
• reasons for termination of the contract;
• demand to return the advance;
• date and signature.

If you have any questions while completing your application, we recommend that you ask them to an experienced consumer protection lawyer. He will clarify unclear points and help you draw up a document.

Sending a complaint to the seller

It is advisable to submit the claim in two copies. One document is handed over to the seller for registration, and on the second, his employee marks receipt.

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If the dealer refuses to receive the claim, it must be sent by certified mail with receipt requested. After receiving the correspondence, the seller's employee will mark the notice as receipt. Notification may subsequently be required in court to confirm compliance with the claim procedure for resolving the dispute.

Acceptance and consideration of a claim

Once a claim is registered, it must be reviewed within 10 days. In the event that a consumer asks to terminate a contract for a low-quality product, an examination is organized. Based on the results of consideration of the application, the advance payment is returned. The money is transferred to the buyer's account or delivered in cash.

What are the deadlines for returning the advance payment for a car?

In accordance with paragraph 4 of Art. 23.1 of Law No. 2300-1, the deadline for satisfying a consumer’s claim for the return of the amount of advance payment paid for the goods by the seller is 10 days from the date of presentation of such a demand.

If the advance payment has not been returned at the claim stage, the buyer has the right to file a lawsuit in court. If a court decision is positive for the plaintiff, it comes into force one month after its issuance. After which he is issued a writ of execution, which can be presented to the bailiff service for enforcement.

FAQ

Q: How can I prove that the advance refund is justified?

A: Regardless of whose fault the purchase and sale transaction was disrupted, the advance payment must be returned to the buyer in all cases of non-fulfillment of the contract. The main thing is that the buyer can prove the fact of making an advance payment to the seller.

Q: What difficulties can there be when returning an advance payment for a car?

A: If the seller does not voluntarily return the advance payment to the buyer, the latter will have to resolve this issue in court. If everything is quite simple with the return of the advance payment, then difficulties may arise with the deposit, since this form of prepayment has a more complex collection algorithm.

Q: How can I return the advance payment for a car if I have a receipt, but there was no written agreement?

A: In this case, you should make a claim and deliver it personally to the car dealership or send it by mail in a valuable letter. Since no contract was concluded, the amount can be demanded back as unjust enrichment. It does not matter whether it was the result of the behavior of the parties or occurred against their will - Art. 1102 of the Civil Code of the Russian Federation.

Q: How to return the prepayment for a used car from the dealership?

A: The procedure for returning the prepayment is the same as for a new car.

Remember

1. Prepayment can be in the form of an advance payment or a deposit. If the seller and buyer do not call the prepayment a deposit in the contract/agreement, it is considered an advance by default.
2. If the buyer refuses to purchase the car for personal reasons, the deposit cannot be returned.
3. The advance payment is returned regardless of which party is at fault for the failure of the purchase and sale transaction.
4. If the contract was terminated by mutual agreement of the parties or due to circumstances beyond their control, the advance payment is subject to a one-time refund. If you can prove the seller’s guilt, demand a double refund of the deposit and compensation for damages.
5. In case of a claim settlement of a dispute, the period for the return of the prepayment by the car dealership is 10 days from the date of presentation of the request for a refund. In case of a court case - 30 days after a positive decision is made.

Have you ever had to deal with the return of funds paid as an advance payment? Did you manage to return it?