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Difference between revisions of "Problem with a Used Car"

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m (Elena Renderos moved page Buying a Used Car (No. 197) to Problem with a Used Car: update page)
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{{REVIEWEDPLS | reviewer = Ian Christman, Vehicle Sales Authority of BC |date= June 2018}} {{Dial-A-Law TOC|expanded = cars}}
{{REVIEWEDPLS | reviewer = Mario Garcia, CarbonCure Technologies |date= October 2022}} {{Dial-A-Law TOC|expanded = cars}}
Buying a '''used vehicle''' can be risky. The vehicle might have hidden problems or the seller might be dishonest. Learn what to watch for and how to deal with any problems.
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.


==Understand your legal rights==  
==What you should know==  


===Who you buy a used vehicle from affects your rights===
===You’re protected by the legal warranty===
You can buy a used vehicle 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] and follow certain laws.
Under the law in BC, a level of quality, performance and durability is implied into every sales contract.


Be on the lookout for '''curbers'''. A curber is someone who sells vehicles to earn income, but has not been licensed as a dealer. Many curbers misrepresent the real condition of the vehicle, hide major issues, or fail to disclose '''liens'''. The section below on “Prevent problems” explains these risks and how to minimize them.
When you buy a car from a dealer, it has to be:


===A dealer must give you certain information===
* fit for the purpose you bought it for
Under the [http://canlii.ca/t/847n law in BC], a vehicle for sale must meet minimum safety requirements. Dealers have to say on the purchase agreement whether a vehicle meets these safety requirements. And dealers must mark vehicles for sale that do not meet minimum safety requirements as “not suitable for transportation”. Private sellers don’t have to do these two things.
* of “merchantable” quality (it has to run)
* durable for a reasonable period of time
* “as described”


As well, under [https://www.canlii.org/en/bc/laws/regu/bc-reg-447-78/latest/bc-reg-447-78.html#sec23_smooth BC law], a dealer must give you the following information about the vehicle, in writing:
These conditions are the '''legal warranty'''. They apply whether the dealer mentions them or not.
*Whether the vehicle has sustained damage requiring repairs costing more than $2,000.
*Whether the vehicle has been brought into BC just to be sold here (in which case it may have salt damage, for example), or if it has been registered outside BC, and where, if known.
*Whether the vehicle has been used as a taxi, police or emergency vehicle, a lease or rental vehicle, or in organized racing.
*Whether the odometer accurately records the true distance the vehicle has traveled.
*The mileage and model year of the vehicle.


===A dealer must detail all charges connected with the sale===
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.
A dealer must also give you the following information, in writing, about all charges connected with buying a used vehicle:
 
*dealer preparation costs
===The legal warranty is more limited if you buy privately===
*documentation and administrative fees
If you buy privately from an individual, the legal warranty is more limited than if you buy from a car dealer.
*sales tax
 
*license and insurance fees (separate from ICBC charges)
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.
*interest costs if the dealer arranges financing for you
 
*costs of any repairs
That said, when you buy from a private seller, the car still has to be “reasonably durable” and “as described.”
*costs of any options
 
*your total cost
==Take action==
===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:
 
just don’t like the car — you can’t just change your mind
should have spotted the problem during an inspection (like a big dent in the fender)
were told about the problem before you bought
caused the problem
 
In each of these cases, you’re likely out of luck.
 
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:
 
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.


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Elena Renderos
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