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Answered in 2 minutes by:
4/9/2012
VerifiedDebra Thal (username) :
Did the ad say the car was in good shape?
Debra Thal (username) :
What province is this?
Debra Thal (username) :
How much did you pay?
Customer:
Yes the ad said that the car was in good shape. The province is Alberta. I paid $3900.00
Debra Thal (username) :
Then she is not correct.
Debra Thal (username) :
She mis-represented the state of the car to you.
Debra Thal (username) :
You can sue her in Small Claims Court.
Debra Thal (username) :
I suggest that you send her a letter tomorrow.
Debra Thal (username) :
You can send it by Registered Mail.
Customer:
Ok what should the letter say?
Debra Thal (username) :
You can say that she materially mis-represented the state of the car to you.
Debra Thal (username) :
Ans as such she did not give you what you paid for.
Customer:
Can I contact Kiiji to see if they can send me a copy of the ad
Debra Thal (username) :
You can give her a deadline for paying you and tell her that you will commence legal proceedings if she fails to comply and then will be seeking interest and your costs.
Debra Thal (username) :
Yes for sure contact Kijiji.
Customer:
does it matter that the bill of sale said as is where is?
Debra Thal (username) :
No
Debra Thal (username) :
She cannot lie to you to get you to buy something and then print this and get away with lying.
Customer:
She showed me all of the receipts on the car and said that her mechanic said that there was absolutely nothing wrong with the car. So do, I firstly send her a letter stating that she misrepresented what she was selling and ask her to refund me my money? Do I give her a timeline or do I file in the small claims court at the same time. The car is at a house, where it blew up. Where do I have the car towed to...her house...the auto shop?
Debra Thal (username) :
You send her the letter tomorrow and give her a very short deadline.
Debra Thal (username) :
So maybe it's the end of business on Wed.
Debra Thal (username) :
Then you start the claim.
Debra Thal (username) :
I would leave the car where it is until you hear her response.
Customer:
Ok thank you, XXXXX XXXXX anything else that I need to do or know?
Debra Thal (username) :
I think you are OK for now.
Customer:
Thank you very much. Can/do I contact you again, after Wednesday if she doesn't respond? What do I do with the car after Wednesday if she a) doesn't respond or b) refuses to refund me the money? Do I just go and file a claim on Thursday/
Debra Thal (username) :
You can contact me again. Just put my name into the subject line.
I think you keep the car but don't repair it for now.
Customer:
ok Thank you Debra
Debra Thal (username) :
You are very welcome.
Debra Thal (username) :
If we are done please click accept.
This authorizes the site to release my portion of what you paid them to me.
Customer:
Ooops Sorry lol
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