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Law.Hut
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I bought a new Nissan Juke 20 days ago. Nissan published Fuel

Resolved Question:

I bought a new Nissan Juke 20 days ago. Nissan published Fuel consumption for Juke as 7 l/100km for combined highway and city. Mine is consuming 11.5 l/100 km.
Dealer says they've checked the car and there is nothing wrong with the car. What are my options? Can I return the car?
Submitted: 10 months ago.
Category: Canada Law
Expert:  Law.Hut replied 10 months ago.
Hello:

You could sue, or threaten to sue, and seek that the court allow you to cancel the contract, and then return the car for a refund.

To succeed, you would need to prove that you had been mislead by the sellor about some significant or fundamental term of the contract and that you were induced to enter the contract in part as a result of that representation.

A significant difference in gas mileage could be such a fundamental term.

You will also need to establish factually that the mileage is significantly different. The sellor will likely rely on some term of the sales contract that might say mileage may vary, or that the vehicle will need to be driven a certain distance before the optimum mileage is obtained. It will also depend on how you are driving the vehicle. You can testify that you are not speeding, no hard acceleration and braking and so on that might skew the mileage to a worse number.

If the value of the car is under $25000, this is a matter that you could deal with in small claims court. A lawyer is not mandatory for this but an experienced civil litigation lawyer will be very useful. We are not allowed to refer you to specific lawyers here due to site policies. But the Law Society of Upper Canada has a free referral service and they have information on that at their web site.

Here is a web address with much information on the court process should you need to sue:

http://www.attorneygeneral.jus.gov.on.ca/english/courts/guides/

The options to suing would be trying to negotiate some rebate on the purchase price perhaps. But aside from a court order, you could not force the sellor to accept return of the vehicle.

I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.





Customer: replied 10 months ago.

My car was $25,650.00 before tax, and $29,000.00 with tax. So, since is not under $25,000.00 and therefore I cannot go to small claims court, how and where can I sue them. And who, dealership or Nissan. Please advise how to go about that?

Expert:  Law.Hut replied 10 months ago.
You would sue in superior court. Here is a web address with some information:

http://www.lawhelpontario.org/library/attachment.214900

The lawsuit would be against the party that you contracted with, that I expect would be the dealership.
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7489
Experience: with over 15 years experience.
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