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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101413
Experience:  Lawyer
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I was just sold a classic car with a fraudulent Vehicle identification

Customer Question

I was just sold a classic car with a fraudulent Vehicle identification plate and fraudulent ownership. I have money invested in the sale as well as a substantial amount in parts. What legal rights to I have to go after the seller and have criminal charges laid.
Submitted: 2 years ago.
Category: Canada Law
Customer: replied 2 years ago.
As well as get the vehicle purchase price back and what I have spent in parts on top of any other damages I may be entitled too
Expert:  Debra replied 2 years ago.
I am sorry to hear this. Is this a private seller?How much did you pay for the car? How much did you pay for the parts?
Customer: replied 2 years ago.
Private seller, $9000 for the car and have $5000 in parts
Expert:  Debra replied 2 years ago.
As a first step I do think you should tell the seller what you've discovered and that you want a full refund plus the $5000. Do not threaten to go to the police as that is extortion. But you can and should threaten to sue civilly as that is not extortion. You can do this verbally and/or through a letter where you set out the facts, demand reimbursement for the $14,000 by a deadline you set and threaten to sue for this amount, damages for inconvenience, interest and your costs. Separately you can report this to the police now or when you see if he is going to reimburse you. I doubt he will agree to reimburse for the parts but who knows?This is fraud and he will most likely be charged but that doesn't mean you still won't have to sue as you will likely have to do that as well. Or if you want to scare him perhaps pay a lawyer to send the letter.
Customer: replied 2 years ago.
Excellent thank you for the information. I knew it was obviously illegal but wasn't sure as far as my options. I've never had to deal with a such thing before, and always hear the courts are backed up for years etc etc. In your opinion if I had to sue does this seem like the kind of issue that would be put on the back burner and take years to be heard? And deal with God knows what for legal fee's. I'm assuming at the end of everything if things went in my favor I could recoup my legal fees from him?
Customer: replied 2 years ago.
Are you able to tell me where in the criminal code this would fall under, and what any resulting fines and consequences would be when proven guilty.
Expert:  Debra replied 2 years ago.
If you sue and win you would get some but not all of your legal costs. You can sue and self-represent if you like because you would sue in Small Claims Court (you can sue for up to $15,000) and so there would not be a long delay at all and you won't need to pay legal fees unless you want to retain a lawyer. I am not a criminal lawyer but as I understand it this would be fraud at the least and if he changed the VIN because the car was stolen then it would be much more serious. The sentence would depend on the facts, whether he had a criminal record previously etc.