My Car Broke Down and the Dealer Won't Fix It

If you buy a car privately, the general law is “buyer beware,” meaning that you are stuck with the car and its problems unless the seller misrepresented (lied about) an important thing about the car. If this happens, you may have to sue the seller in court.

The law gives you more protection if you buy a car from someone in the business, such as a new or used car dealer. For new vehicles, there are legal standards for durability under the provincial Sale of Goods Act, and there are common law rights for both new and used vehicles. There are additional protections for what promises are made about both new and used vehicles sales from car dealers under the BC business practices legislation. Any waiver of your statutory rights is usually not valid.

First steps

1. Start by contacting the seller and explaining the problem. The seller may offer to fix or replace your car.
2. If you can’t reach an agreement with the seller, you may decide to report the circumstances to Consumer Protection BC or the Better Business Bureau.
3. If the seller claims that any of your statutory rights don’t apply, speak with a lawyer.

What happens next

If the above steps don’t work, you may have to sue the seller in Small Claims Court for claims up to $25,000, or Supreme Court for larger claims. See the section of this Guide under the heading "I need to take someone to court" for information on how to sue.

Where to get help

See the Resource List in this Guide for a list of helpful resources. Your best bets are:

• Consumer Protection BC.
• Access Pro Bono, Lawyer Referral Service, and private bar lawyers.
• The publication Consumer Law and Credit/Debt Law.
• The Law Students' Legal Advice Program Manual chapter "Consumer Protection," for useful information on "Contracts for the Sale of Goods."

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview included in this Guide. Make sure you bring copies of all documents relating to your case.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Drew Jackson, February 2013.

Legal Help for British Columbians © Cliff Thorstenson and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.

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