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In November of 2009, I purchased a used car from a local dealer

 
Debra Thal's Avatar
  • Answered by:Debra Thal
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Customer Question

In November of 2009, I purchased a used car from a local dealer in Ottawa, ON. The dealer had purchased the car at auction and therefore claimed not have many service records or other information about the vehicle, but insisted that it had not been in any accidents. The Carfax report I had ran on the car was clean and so I proceeded with the purchase.
I am now trying to sell the vehicle, and based on information and warnings I've gathered from potential buyers, I decided to investigate further with a CarProof report. The CarProof report is much more detailed than the Carfax report and I am now finding out that this car has in fact been in an accident. Do I have any recourse against the dealer for not disclosing this information?

The accident estimate is only $483.00, but now that I know the car has been in an accident, however minor, I am now obligated to disclose this information to potential buyers effectively rendering my sales efforts useless. No one wants to purchase a car that's been in an accident. If I had access to this information in the beginning, I would not have purchased it either. What should I do first, keeping in mind that I purchased the car over a year ago now. Thanks!

Submitted: 831 days ago.
Category: Canada Law
Value: $39
Status: CLOSED

Accepted Answer

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Expert:  Debra Thal replied 831 days ago.


Debra Thal (username) :

Do you think the dealer knew about this accident?

Debra Thal (username) :

I don't know much about cars but would a dealer know about the CarProof report and if the dealer did not check was deliberately turning a blind -eye to investigating properly?

Debra Thal (username) :

The dealer insisted the car had not been in any accidents. How would he have been so sure? Did he explain this to you?

JACUSTOMER-8xi4c5qu- :

The dealer had explained at the time that they had full access to reporting systems such as car fax and car proof. Car proof and car fax reports are available to everyone

JACUSTOMER-8xi4c5qu- :

The dealership was overly anxious to get rid of the car now that i look back on the events of the sale, but i figured it was just a salesman trying to make a sale. At this juncture though, it seems that there is no way to prove that the dealer would have know about said accident.

JACUSTOMER-8xi4c5qu- :

I'm thinking that I found this information quite effortlessly, which leads me to believe that they did not make a reasonable attempt to find out if the car had any prior issues.

Debra Thal (username) :

But did the dealer tell you he had full access to these reporting systems?

Debra Thal (username) :

How much did you pay for the car?

JACUSTOMER-8xi4c5qu- :

I believe he did say they had full access to these systems as a dealer

JACUSTOMER-8xi4c5qu- :

I paid $12,000 + tax and fees for the car

Debra Thal (username) :

It seems to me that a Court may very well hold the dealer liable.

You were materially mis-represented and if he didn't know better he, as an expert, should have.

Your point about finding this information out easily is well-taken. You are not an expert but when someone told you how you could do this you did it.

The dealer could have and is either lying or did not.

Had he said he didn't know about any accident and honestly said he didn't check that would be one thing but he emphatically told you there had been no accident.

I would suggest, therefore, that you first contact OMVIC and see if they can resolve this for you.

If they cannot you can send him a demand letter and then sue him in Small Claims Court .

You can self-represent and I can always assist you along then way because you can just post again if you need some help.

Do you want the contact information for OMVIC. I can find it for you if you like.

JACUSTOMER-8xi4c5qu- :

No, thank-you. I've found the OMVIC site. I was unaware of it until now, this should help quite a bit.

JACUSTOMER-8xi4c5qu- :

Thanks for your time :)

Debra Thal (username) :

I hope so.

If we are done for now please click accept so that I can receive credit for providing you with this information.

Expert TypeLawyer
Category: Canada Law
Pos. Feedback: 98.2 %
Accepts: 37323
Answered: 1/2/2011

Experience: Lawyer

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