Anonymous

Difference between revisions of "Problem with a Used Car"

From Clicklaw Wikibooks

Problem with a Used Car (view source)

Revision as of 06:32, 30 September 2023

140 bytes removed ,  06:32, 30 September 2023
no edit summary
 
(33 intermediate revisions by 3 users not shown)
Line 1: Line 1:
{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://www.carboncure.com/ Mario Garcia], CarbonCure Technologies |date= October 2022}} {{Dial-A-Law TOC|expanded = cars}}
You bought a used car. Just days later, it broke down. Your mechanic says the problem will cost thousands to repair. What can you do? Learn your rights and steps you can take.


{{Dial-A-Law TOC|expanded = autos}}
==What you should know==
This script explains buying a used car in BC. Used cars are often expensive. Before you sign an agreement to buy a used car, read it carefully and make sure you understand it. There is no cooling-off period to change your mind and cancel the agreement.


==Whom can you buy a used car from?==
===You’re protected by the legal warranty===
You can buy a used car from a dealer or a private seller. A dealer is anyone who sells or exchanges motor vehicles to try to earn income. Dealers must be licensed by the [http://mvsabc.com/ Vehicle Sales Authority of BC] (VSA) and follow certain laws.
Under the law in BC, a level of quality, performance and durability is implied into every sales contract.


Don’t buy from a “curber”—a person without a licence who is selling motor vehicles illegally. Item 2 below, in the section called “What should you always check and do before you buy?” has more on this. To see if a person or business is a licensed dealer, check under “[http://publicregistry.mvsabc.com/Pages/en_US/Forms/Public/Register/Default.aspx Licensed Dealers]” and “[http://publicregistry.mvsabc.com/Pages/en_US/Forms/Public/Register/Default.aspx Licensed Salespeople]”.
When you buy a car from a dealer, it has to be:


==What information must a dealer give you?==
* fit for the purpose you bought it for
The ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96316_01 Motor Dealer Act]'' and the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/04002_00 Business Practices and Consumer Protection Act]'' require vehicles for sale to meet minimum safety requirements. Vehicles that do not meet the minimum safety requirements can be sold as long as they are marked "not suitable for transportation".
* of “merchantable” quality (it has to run)
* durable for a reasonable period of time
* “as described”


A dealer must give you the following information about the car, in writing:
These conditions are the '''legal warranty'''. They apply whether the dealer mentions them or not.


*whether the car has had damages that, in total, cost over $2000 to repair
If the car is faulty or it’s not as described, the legal warranty is your escape hatch. It can give you the right to get the car repaired or replaced — or cancel the contract and get your money back.
*whether it came from another province or state just to be sold here (because then it may have salt damage) or if it has been registered outside BC, and where, if known
*whether it was ever used as a taxi, police car, emergency vehicle, a lease or rental vehicle, or in organized racing
*whether the odometer accurately records the true distance the car has traveled
*accurate mileage and model year


A dealer must also give you the following information, in writing, about all charges connected with buying a car:
===The legal warranty is more limited if you buy privately===
If you buy privately from an individual, the legal warranty is more limited than if you buy from a car dealer.


*dealer preparation costs
A dealer (this is anyone who sells or trades motor vehicles for a living — so not just car dealerships), is bound by strict conditions. The car has to be of decent quality and “fit for the purpose” you bought it for. A private seller isn’t bound by these rules.
*documentation and administrative fees
*sales tax
*license and insurance fees (separate from ICBC charges)
*interest costs if the dealer arranges financing for you
*costs of any repairs
*costs of any options
*your total cost


==What should you always check and do before you buy?==
That said, when you buy from a private seller, the car still has to be “reasonably durable” and “as described.”
#See if the car has been in an accident—that can reduce its value and safety. The Insurance Corporation of BC (ICBC) may have this information. See its [http://www.icbc.com/ website] or call 604.661.2233 in Vancouver and 1.800.464.5050 elsewhere in BC. You'll need the vehicle identification number (VIN), the make, model, and year. Many vehicles are in the ICBC database, but not all of them. If a vehicle was ever insured and registered outside of BC, the ICBC report will not show the vehicle history outside of BC. Consider getting a comprehensive vehicle history report such as the Verified BC report from CarProof (see item 4 below).
#Avoid “[http://mvsabc.com/glossary/curber/ curbers]”—people who sell vehicles for profit, but without a motor dealer licence. By law, anyone selling motor vehicles as a business in BC must have a dealer licence from the Vehicle Sales Authority. Curbers operate illegally. They can cheat people by doing things such as turning back the odometer to make it look like a vehicle has lower mileage than it really has. Curbers get vehicles from BC and elsewhere in Canada and the US. They may hide prior damage and lie about a vehicle’s history, including its mileage and where it came from. And they may charge extremely high and illegal interest rates and ask you to lie about the price for tax purposes. There are many types of curbers. Some are mechanics who have repair facilities and also sell vehicles. Some curbers have several cars parked on their front lawn with “for sale” signs.
:A common myth is that you can sell up to 5 vehicles a year privately without registering as a motor dealer. That’s not true. If you sell even one vehicle to try to earn income, then you must register as a motor dealer.
:To learn more, check “[http://mvsabc.com/consumers/how-to-spot-a-curber/ How To Spot A Curber]” and “[http://www.mvsabc.com/consumers/buying-privately Buying Privately]”. It’s risky to buy from a curber. You may lose your money and get an unsafe vehicle. You can sue, but that’s expensive and often futile. The VSA can investigate the curber, but it can’t help you get your money back.
#Check if there are any liens (claims for money owed) on the car. Check the car's serial number with the [http://www.bcregistryservices.gov.bc.ca/ Personal Property Registry]. [http://www.carproof.com/ CarProof] can do a Canada-wide lien search for a fee.
#Buy a vehicle history report from [http://www.icbc.com/vehicle-registration/buy-vehicle/buy-a-used-vehicle/Pages/Vehicle-history-reports.aspx ICBC] or [http://www.carproof.com/ CarProof]. Find out if the car has been in an accident.
#Get a written agreement whether you’re buying from a dealer or a private person—put in the terms that you want.
#Ask a dealership about their return policies before you buy. There’s no automatic right to return a motor vehicle. But many people think there is because they are used to generous return policies of some stores.


==What can you do if you have a complaint with a dealer?==
==Take action==
Try to solve it with the dealer first. If that doesn’t work, you have the following options:
===Possible outcomes===
If the used car you just bought breaks down, you aren’t always entitled to a refund or discount. For example, if you:


#Complain to the VSA. Go to [http://www.mvsabc.com www.mvsabc.com] and click on “Consumer Resources” and then on “Consumer Complaints”. You can also email the VSA at [mailto:consumer.services@mvsabc.com consumer.services@mvsabc.com] or phone 604.575.7255 or toll free 1.877.294.9889. The VSA also runs the Motor Dealer Customer Compensation Fund. It reimburses people who have lost money because a motor dealer has gone out of business or failed to meet its legal obligations. The money in the Fund comes from contributions from all licensed motor dealers in BC. For more on the Fund, go to [http://www.mvsabc.com www.mvsabc.com]. Click on “Consumer Resources” and then on “[http://www.mvsabc.com/consumers/compensation-fund Compensation Fund]”. This website explains who can apply for compensation, what losses the Fund covers, and how to file a claim.
* just don’t like the car — you can’t just change your mind
#Contact a lawyer for legal advice about your situation.
* should have spotted the problem during an inspection (like a big dent in the fender)
#Contact the Automotive Retailers Association (604.432.7987, [http://www.ara.bc.ca www.ara.bc.ca]). Only some dealers belong to this voluntary organization. If you bought an RV (recreational vehicle) you can contact the Recreation Vehicle Dealers Association of Canada, a national, voluntary organization. Its website is [http://www.rvda.ca www.rvda.ca]. If you bought a used vehicle from a franchise dealer, contact the New Car Dealers Association of BC—its website is [http://www.newcardealers.ca www.newcardealers.ca].
* were told about the problem before you bought
#Contact the Better Business Bureau at [http://www.bbb.org www.bbb.org].
* caused the problem


==Summary and more information==
In each of these cases, you’re likely out of luck.
Buying a used car can involve a lot of money and high risk. Investigate before you buy. For more information, see the following websites:
*The Insurance Corporation of BC at [http://www.icbc.com www.icbc.com]. Click on “Vehicle registration”, and then on “[http://www.icbc.com/vehicle-registration/buy-vehicle/buy-a-used-vehicle/Pages/Default.aspx Buying a used vehicle]”.
*The VSA at [http://www.mvsabc.com www.mvsabc.com]. Click on “Consumers Resources” and then on “[http://www.mvsabc.com/consumers/vehicle-buying-tips Vehicle Buying Tips]”.


On the other hand, if you can show the vehicle didn't meet the '''legal warranty''', or the seller '''misrepresented''' the vehicle, you may be entitled to:


[updated July 2014]
* return the vehicle,
* get a discount, or
* have the seller pay for the repairs.


Misrepresentation is where the seller told you something about the vehicle that is untrue or misleading, and you relied on that in buying.


----
===Steps to take===
----
Here are steps you can take to resolve a problem with a used car.


'''Step 1.''' Decide what you want


'''Step 2.''' Contact the seller directly
'''Step 3.''' Try dispute resolution (dealer only!)
'''Step 4'''. File a complaint (dealer only!)
'''Step 5.''' Try consumer agencies (dealer only!)
'''Step 6.''' Take to social media
'''Step 7.''' Take legal action
===More on each step===
'''Step 1. Decide on what you want'''<br>
Once you understand your legal rights and options, decide what outcome you're seeking.
Are you hoping to have the vehicle repaired? To get a refund? A discount?
'''Step 2. Contact the seller directly'''<br>
Try to raise any problems with the seller first.
If you bought from a dealer, ask to speak to someone with authority, such as a manager or owner. Clearly explain your problem. Let them know the outcome you’re seeking.
You can talk to them in person. But many people are more comfortable sending a letter. We have a tool to help you build a letter. See our [https://www.peopleslawschool.ca/letter-complain-used-car-dealer/ letters to complain to a dealer] and to a [https://www.peopleslawschool.ca/letter-complain-used-car-private/ private seller].
{| class="wikitable"
|align="left"|'''We've got in-depth info'''
See our in-depth information on [https://www.peopleslawschool.ca/everyday-legal-problems/cars-getting-around/buying-or-repairing-car/problem-used-car-you-bought problems with a used car] for tips on how to explain your problem to the seller, as well as a template letter you can use.
|}
'''Step 3. Try dispute resolution (dealer only!)'''<br>
If the letter doesn’t clear things up, dispute resolution might. It involves a third party helping you and the dealer reach a solution.
Here’s an example. There’s a free program called the Canadian Motor Vehicle Arbitration Program. It can help you resolve disputes with car makers about defects or a warranty. [https://www.camvap.ca/participating-manufacturers/~english Visit the CMVAP website].
'''Step 4. File a complaint (dealer only!)'''<br>
If you’re buying the vehicle from a dealer, you can file a complaint with the Vehicle Sales Authority of BC. [https://vsabc.ca/consumers/find-help-for-your-issue/make-a-formal-complaint-to-the-vsa/ Visit the VSA website].
The Vehicle Sales Authority also runs the motor dealer customer compensation fund. It reimburses people who have lost money because a dealer has gone out of business or failed to meet certain legal obligations.
The authority’s website explains who can apply for compensation, what losses the fund covers, and how to file a claim. [https://vsabc.ca/consumers/find-help-for-your-issue/make-a-compensation-fund-claim/ Visit the VSA website to learn more].
'''Step 5. Contact a consumer agency or industry association (dealer only!)'''<br>
The Better Business Bureau may not be able to solve the problem, but complaining to them can help others avoid problems going forward.
:'''Better Business Bureau'''
:Receives complaints about local businesses that are members.
:Call 1-888-803-1222
:[https://www.bbb.org/ca/bc Visit website]
Complaining to an association a car dealer is a member of can help get their attention.
:'''Automotive Retailers Association'''
:Many car dealers belong to this voluntary organization.
:[https://www.ara.bc.ca/ Visit ARA]
:'''Recreation Vehicle Dealers Association'''
:A national, voluntary organization for RV dealers.
:[https://www.rvda.ca/ Visit RVDA]
:'''New Car Dealers Association of BC'''
:Representing franchised car dealers who sell new vehicles.
:[https://www.newcardealers.ca/ Visit NCDA]
'''Step 6. Take to social media'''<br>
Consider telling your story on social media. Be factual and truthful about what happened — using foul or insulting language may work against you.
Social pressure is powerful. The seller may be motivated to make things right to show they’re good citizens (corporate or otherwise).
'''Step 7. Consider legal action'''<br>
If you can’t solve the problem with the above steps, your next option may be to take legal action.
For claims under $5,000, you can apply to work out your dispute with the Civil Resolution Tribunal. This is a cheaper and faster option than going to court.
Seeking legal advice can help you clarify your options.
:'''Lawyer Referral Service'''
:Helps you connect with a lawyer for a complimentary 15-minute consult to see if you want to hire them.
:Call 1-800-663-1919
:[https://www.accessprobono.ca/our-programs/lawyer-referral-service Visit website]
:'''Access Pro Bono's Free Legal Advice'''
:Volunteer lawyers provide 30 minutes of free legal advice to people with low or modest income.
:Call 1-877-762-6664
:[https://www.accessprobono.ca/get-legal-help Visit website]
===Go deeper===
We have even more coverage of sorting out a problem with a used car, whether you bought from a private seller or a car dealer. [https://www.peopleslawschool.ca/everyday-legal-problems/cars-getting-around/buying-or-repairing-car/problem-used-car-you-bought See our in-depth coverage of problems if you bought privately] and [https://www.peopleslawschool.ca/everyday-legal-problems/cars-getting-around/buying-or-repairing-car/problem-used-car-you-bought-0 problems if you bought from a dealer].
{{Dial-A-Law_Navbox|type=consumer}}
{{Dial-A-Law Copyright}}
{{Dial-A-Law Copyright}}
{{Dial-A-Law_Navbox|type=auto}}
Elena Renderos
2,553

edits

Retrieved from "https://stagewiki.clicklaw.bc.ca/index.php?title=Special:MobileDiff/29085...57053"