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Answered in 2 minutes by:
5/25/2010
D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2,762
Experience: Cross-Border (US/Canada) Lawyer
VerifiedHello,
- What Province are you in?
- Was this a NEW Car from a New Car Dealer or a used vehicle?
- Was it a licensed dealer or a privateer (e.g. 'curb sider').
- Is the loan through a bank (e.g. TD's "Greenlight" program) or through the dealer directly?
Hello,
Unfortunately Used-Car buyers in Ontario DO NOT have a cooling-off period. Once you have signed the agreement you own the car.
There are, however, some grounds here that may help you.
From a purely contract-law standpoint, the fact that your wife and daughter cannot read or write in English and the agreement was in English they relied on the representations of the dealer who was translating. If the translation of the terms was inappropriate, incorrect (or the dealer led them to believe they could return the car) the deal could be undone.
The discrepancy in the financing would be a reason to undo the deal as it was misleading and, the language issue in consideration, if they were told it would be 0% and is actually 4.9% it would go to support the allegation that they were unable to understand what they were signing and - as such - an 'agreement' in the legal sense could never have been formed.
Finally, I would carefully look to a few things:
1. Is there disclosure as to previous use of the car in the documents (taxi, rental car, etc.)?
2. Is there disclosure as to whether or not the vehicle held a salvage title?
3. Is the mileage as written on the agreement within 1000 km or 5% of that on the vehicle itself?
4. make sure the description of the make/model/year is correct.
If any of these exist but were not disclosed on the agreement you have an absolute right to cancel the deal within 90 days. A CarFax report off the VIN may help you determine if that information is correct.
My first recommendation is to go back to to the dealer yourself and bring up these reasons for canceling the deal. If they (demand to speak with the General Manager or - ideally - the Dealer Principal) refuse, then contact a local lawyer immediately and have them step in. I would also consider a complaint to OMVIC at that point (the body that licenses car dealers in the Province).
OMVIC's website is here: http://www.omvic.on.ca/
The Law Society of Upper Canada's Lawyer Referral Service is here: http://www.lsuc.on.ca/public/a/faqs---lawyer-referral-service/
Regards XXXXX XXXXX wishes.
Unfortunately Used-Car buyers in Ontario DO NOT have a cooling-off period. Once you have signed the agreement you own the car.
There are, however, some grounds here that may help you.
From a purely contract-law standpoint, the fact that your wife and daughter cannot read or write in English and the agreement was in English they relied on the representations of the dealer who was translating. If the translation of the terms was inappropriate, incorrect (or the dealer led them to believe they could return the car) the deal could be undone.
The discrepancy in the financing would be a reason to undo the deal as it was misleading and, the language issue in consideration, if they were told it would be 0% and is actually 4.9% it would go to support the allegation that they were unable to understand what they were signing and - as such - an 'agreement' in the legal sense could never have been formed.
Finally, I would carefully look to a few things:
1. Is there disclosure as to previous use of the car in the documents (taxi, rental car, etc.)?
2. Is there disclosure as to whether or not the vehicle held a salvage title?
3. Is the mileage as written on the agreement within 1000 km or 5% of that on the vehicle itself?
4. make sure the description of the make/model/year is correct.
If any of these exist but were not disclosed on the agreement you have an absolute right to cancel the deal within 90 days. A CarFax report off the VIN may help you determine if that information is correct.
My first recommendation is to go back to to the dealer yourself and bring up these reasons for canceling the deal. If they (demand to speak with the General Manager or - ideally - the Dealer Principal) refuse, then contact a local lawyer immediately and have them step in. I would also consider a complaint to OMVIC at that point (the body that licenses car dealers in the Province).
OMVIC's website is here: http://www.omvic.on.ca/
The Law Society of Upper Canada's Lawyer Referral Service is here: http://www.lsuc.on.ca/public/a/faqs---lawyer-referral-service/
Regards XXXXX XXXXX wishes.
D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2,762
Experience: Cross-Border (US/Canada) Lawyer
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