Problem with a Used Car

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 can buy a used car from a dealer or a private seller. A dealer is anyone who sells or exchanges motor vehicles to earn money. Dealers must be licensed by the Vehicle Sales Authority of BC (VSA) and follow certain laws.

Don’t buy from a “curber”—a person without a licence who is selling motor vehicles to earn money. 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 the VSA website at www.mvsabc.com under the link called "Search for Dealers and Salespeople". You can narrow the search to just your area.

What information must a dealer give you?

The Motor Dealer Act and the 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". (Both laws are available at www.bclaws.ca.)

A dealer must give you the following information about the car, in writing:

• whether the car has had damages that, in total, cost over $2000 to repair
• 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:

• dealer preparation costs
• 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?

1. 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 website at www.icbc.com 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).
2. Avoid “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. To learn how to spot a curber, watch the videos at www.mvsabc.com. Click on “Consumer Resources” and then on “Buying Privately”. You can also see a list of known curbers. In “Consumer Resources,” click on “Known Unlicensed Dealers”. 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.
3. Check if there are any liens (claims for money owed) on the car. Check the car's serial number with the Personal Property Registry at www.bcregistryservices.gov.bc.ca. CarProof can do a Canada-wide lien search for a fee.
4. Buy a vehicle history report from ICBC or CarProof. Find out if the car has been in an accident.
5. Get a written agreement whether you’re buying from a dealer or a private person—put in the terms and conditions you want.

What can you do if you have a complaint with a dealer?

Try to solve it with the dealer first. If that doesn’t work, you have the following options:

1. Complain to the VSA. Go to www.mvsabc.com and click on “Consumer Resources” and then on “Consumer Complaints”. You can also email the VSA at 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 www.mvsabc.com. Click on “Consumer Resources” and then on “Compensation Fund”. This website explains who can apply for compensation, what losses the Fund covers, and how to file a claim.
2. Contact a lawyer for legal advice about your situation.
3. Contact the Automotive Retailers Association (604.432.7987, 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 www.rvda.ca. If you bought a used vehicle from a franchise dealer, contact the New Car Dealers Association of BC—its website is www.newcardealers.ca.
4. Contact the Better Business Bureau at www.bbb.org.

Summary and more information

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 www.icbc.com. Click on “Vehicle registration”, and then on “Buying a used vehicle”.
• The VSA at www.mvsabc.com. Click on “Consumers Resources” and then on “Vehicle Buying Tips”.

[updated July 2014]

---

---

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

An agreement to transfer the ownership of property from one person to another in exchange for the reciprocal transfer of something else, usually money. See "agreement."

An award of money payable by one party to a court proceeding to another, usually as compensation for loss or harm suffered as a result of the other party’s actions or omissions. In family law, damages are usually awarded to one party in compensation for breach of contract or spousal abuse. See "breach of contract" and "tort."

An agreement that requires payment for the use of property, under which the owner of property, like a car or an apartment, gives up the right to occupy and use that property in exchange for a sum of money. A "lessor" is the person who retains ownership of the property and receives money for its use. A "lessee" is the person who purchases the right of possession and use of the property.

In law, a calculation of the allowable legal expenses of a party to a court proceeding, as determined by the Supreme Court Family Rules. The party who is most successful in a court proceeding is usually awarded their "costs" of the proceeding. See "account," "bill of costs," "Certificate of Costs or Expenses" and "lawyer's fees."

(1) The assertion of a legal right to an order or to a thing; (2) the remedy or relief sought by a party to a court proceeding.

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."