Due to the growing demand for cars, dealers use all sorts of ways to get the buyer to buy the car from them. One of the ways to hedge against the client's whim regarding the choice of another model or configuration is prepayment.
Instructions
Step 1
Almost always, the process of delivering a car is delayed up to six months or more. It involves placing an order at the factory, manufacturing, delivering the car to the salon, and paperwork. And although, as practice shows, the vehicle, which was abandoned, quickly finds a new owner, nevertheless, when ordering, they require an advance payment. Usually it is 10-15% of the value of the car. The problem here is that if the buyer refuses to complete the transaction, he is forced to pay a penalty to the dealer. Moreover, it is often calculated as a percentage not of the transferred advance, but of the cost of the car. It happens that the seller, after such calculations, owes nothing to the buyer.
Step 2
You can, of course, solve the problem. However, the law is on the side of the seller. After all, the agreement was drawn up and signed on a voluntary basis, which means that the obligations specified in it must be fulfilled. True, the buyer has small chances of a refund of the advance, but at the same time remember that it is imperative to read the contract before signing and it is better in the company of a lawyer.
Step 3
If a dispute arises regarding the refund of the prepayment for the car, remember that, in accordance with the Civil Code, the amount of the forfeit can be reduced if it is disproportionately large compared to the obligation. Sellers often focus on another article of the same code, which states that if a party does not agree to conclude the main contract after concluding a preliminary one, it is obliged to pay compensation in connection with the losses suffered by the second party, in this case the seller. But the dealer did not incur any real losses, since he has the opportunity to sell the car and even at a higher price.
Step 4
If the seller does not agree, feel free to demand that the penalty be reduced as it does not correspond to the actual loss. In this situation, dealers rarely provide information about what losses they have incurred. After all, in fact, the seller just placed an order at the factory. And it is not known how much the plant invested in the production of the car and whether it started assembling it at all.
Step 5
Of course, the contracts between dealers and sellers are very competent. In order not to bring the matter to court, contact the management of the salon. After all, the return of the prepayment does not mean termination of the contract. Therefore, sellers of their own free will meet the buyer halfway: even with a great demand for cars, they do not want to lose a client.
