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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100977
Experience:  Lawyer
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I was in a collision (rear ended) while driving to a car dealership

Customer Question

I was in a collision (rear ended) while driving to a car dealership to trade my car in. The vehicle had previously been assessed by the dealership. The dealership is now changing its assessment - diminished value. I have a signed contract for the vehicle. Can I cancel the contract?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
I am sorry to hear this. You have no right to cancel the contract because of the rear ending. What you have the right to do is get the vehicle repaired yourself, elsewhere and then you would be entitled to get what you were offered as the car would not be damaged any longer.
Customer: replied 2 years ago.
I am repairing the vehicle on my own, elsewhere. The dealer's position is that the vehicle is no longer worth what was offered and is decreasing the value of the vehicle by 4,000. My deposit was 2,000. I am willing to walk away from the deposit if I can have the contract voided.
Expert:  Debra replied 2 years ago.
They would have to agree. Because the car was damaged you are not able to provide them with what you agreed to. So they can sue you if you don't comply with the terms but they cannot say you car has decreased in value this way and expect you to simply agree with them. So you can tell them you need to come to an agreement or else will let the court decide.
Customer: replied 2 years ago.
thank you
Expert:  Debra replied 2 years ago.
You are very welcome.