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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Sold a used 2009 challenger car in private sale now buyer wants

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Sold a used 2009 challenger car in private sale now buyer wants to return car and get his money he asked if it was ever in an accident and i told him that car was never in a accident. He had lots of time to look over vehicle before he purchased it he was not rushed. The car was keyed when we had a windshield replaced but had the key mark repaired. The car is in excellent running condition with no issues
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

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Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

So what is he is saying is the reason he wants to return it to you?

How much did he pay you?
Customer: replied 3 years ago.

he figures it was in a accident and that he's gotta spend x amount of dollars on it but like i told him the car was never in a accident and there is nothing to be repaired on it except for odd chip in paint


 


he paid $30,511.44

What province is this?
Customer: replied 3 years ago.

alberta

Generally the law with respect to the purchase of vehicles is that the purchaser has the right to inspect the car for defects. If the Purchaser decides to buy the car then generally the law can be summed up by the well known phrase "buyer beware." The legal phrase for this is the Latin phrase caveat emptor.

However, at the same time the Vendor is not permitted to misrepresent, fail to disclose or actively try to hide defects.

As well the vendor has a duty to disclose a latent defect if it's substantial. This would also include the situation where the cost to repair is going to be substantial as well.

But that is not at all the case here.

As well, in Alberta he can only sue for up to $25,000 in Small Claims Court so he may be stuck.

If you do get a letter from a lawyer I suggest you consult with a lawyer of your own.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-661-1095 or
403-228-1722 in Calgary

Let me know if you need any further clarification.
Customer: replied 3 years ago.

So is he able to legal receive his money back as he is saying when we had it repaired there is overspray but he was able to look at the car before he gave his money

But you never lied to him.

That is not a car accident.

And he saw the car before you sold it to him.

And he could have had it inspected.

So I don't see why he would get his money back myself.
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