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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I purchased a preowned vehicle in (2011 RANGE ROVER LR2)

Customer Question

I purchased a preowned vehicle in (2011 RANGE ROVER LR2) with 93,000 km, in Calgary Alberta. The battery was dead when I went to take the vehicle for a test drive the sales person assured me that it would be replaced if I purchased That vehicle & the vehicle was mechanically sound. Within two weeks the vehicle completely blew up on me, battery exploded, water pump, leaking radiator lines etc., after the fact, I felt completely unsafe driving it considering it died on me twice on the highway while I was driving and the steering locked while driving thru the Rocky Mountains in the winter. I return the vehicle and the dealer agreed to pay for repairs and trade the vehicle back in for something newer I ended up getting negative equity of $7500? I noticed that the AMVIC vehicle inspection had been completed in August 2015 and I purchased a vehicle in January 2016. I contacted AMVIC and filed a complaint because My loan interest rate increased and terms of the conditional sale contract when they put me into another truck (that I was really unsure about buying but considering I was under pressure and pressed for time I agreed to take the newer pick up truck), now I don't want the pick up truck, it's not something I would normally drive for a personal vehicle, can anyone help me on this situation? I've contacted the general manager at the car dealership but he still hasn't gotten back to me
Submitted: 9 months ago.
Category: Canada Law
Expert:  Legal Ease replied 9 months ago.

Explain what you mean when you say that you receive negative equity please.

Do you have possession of the new car or not yet!

Customer: replied 9 months ago.
The purchase price on the 2011 Range Rover was almost $40,000 they gave me a trade-in allowance of $35,000 when I took it back so when they refinanced me and put me into a new truck which is a 2014 Dodge ram I didn't want that vehicle but it's all they had, so on the conditional sales contract I have negative equity of $7400 because of the depreciation that they deducted on the Range Rover.
Customer: replied 9 months ago.
I took possession on February 11, 2016 of the Dodge ram 1500 sport.
Customer: replied 9 months ago.
There is some type of a 30 day grace period to return the vehicle if you're not satisfied I have until tomorrow to make a decision on this vehicle but the Alberta motor vehicle inspe there is some type of a 30 day grace period to return the vehicle if you're not satisfied I have until tomorrow to make a decision on this vehicle but AMVIC said not to go back to that dealership until they reviewed my file
Expert:  Legal Ease replied 9 months ago.

Where did you hear of the 30 day grace period?

Customer: replied 9 months ago.
Warranty will not cover for repairs to pre owned vehicle within 30 days of the purchase date,stating that they consider it to be a pre existing condition? AMVIC also mentioned that after the purchase of a used vehicle you must have peaceful enjoyment of the property prior to any major repairs or damages... The automobile industry is held to the Fair Trade Act and sales people as well as mechanics must be honest and for coming, in regards ***** ***** prior use of this vehicle, which I also understand was used as a demo and personal vacation vehicle for managers and employees prior to my purchase.
Customer: replied 9 months ago.
AMVIC mechanical vehicle assessment was done on August 24, 2015 I purchased a vehicle on January 14, 2016.
Expert:  Legal Ease replied 9 months ago.

I am aware of all those laws in Alberta but I am not aware of any 30 day grace period.

Generally there is no grace period for changing your mind about a vehicle purchase and even when there is a cooling off period it is usually 10 days and would never apply once the goods have been delivered.

But in this case that law is not what matters.

What matters is that you didn't get what you paid for, you were materially mis-represented and then unduly pressured and these are all grounds for setting aside a contract.

It is not as if you are just changing your mind. It is that they breached their contract with you.

So I suggest that you take this approach with the very firmly and if they don't agree that your next step be to have a lawyer send them a letter asserting your rights and stating that you are happy to have a court decide.

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