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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96947
Experience:  Lawyer
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I made an offer to purchase a used SUV from a dealer, signed

Customer Question

I made an offer to purchase a used SUV from a dealer, signed the Bill of Sale, and put $1000 down as deposit. I now do not want to go through with the purchase. It was to be a cash deal, so there was no financing arranged. I understand that my $1000 is non-refundable as indicated on the Bill of Sale. I did not register or insure the vehicle. The vehicle is still on the dealer's lot. What are the ramifications of backing out?
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else important you think the Lawyer should know?
Customer: The downpayment was put on VISA. The Carproof report indicates vehicle is Rebuilt but reported no accidents. I did not understand what this meant, given the no accidents.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 11 months ago.
Category: Canada Law
Expert:  Legal Ease replied 11 months ago.

What province is this please?

Customer: replied 11 months ago.
Alberta
Customer: replied 11 months ago.
Is there someone working on my question?
Expert:  Legal Ease replied 11 months ago.

I am sorry for the delay. The site was down, at least for me, for a while.

The contract would normally be considered to be firm and you could be sued to compel you to adhere to its terms.

But what you are saying is that you were mis-represented in terms of what you were getting as you didn't understand that it was a rebuild. If that is the case then if this went to court you could take the position that you are not getting what you were told you were paying for and so the dealer breached the contract thus rendering it void and you want the deposit back.

So what you do first is go to them tell them your position.

If that doesn't work you go to head office for the dealership.

If that doesn't work you can file a complaint with AMVIC:

And you can file a complaint with the Consumer Protection Branch:

If none of that works you can sue them in Small Claims Court and can self-represent so long as the value of the car is not more than $25,000.

If it gets that far you can always post on this site again and I can assist you as you go through the process if you find you need some help from time to time.

If the car is worth more than $25,000 you will need to sue in superior court and if that is the case it would make sense to retain a lawyer to threaten a lawsuit.

Does that answer your question?

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