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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100051
Experience:  Lawyer
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Live in Edmonton, Alberta, Canada. on Aug. 15, 2015 I

Customer Question

live in Edmonton, Alberta, Canada. on Aug. 15, 2015 I entered a online bid for a 2007 Rav4 at a auction here. I was at work this day and the people at the auction bid on the vehicle for me. During this auction they did not contact me at any time. At the end of the auction day, I still did not hear from them by telephone or email. It was 3 to 4 days later that they phoned me & asked when I was coming in to pay for the vehicle I purchased at the auction or they were going to start charging me a storage fee. I explained that no one had contacted me and I new nothing about it. That day, myself and a co worker went to see this vehicle. Well, it was not worth any where near the money they were charging me for this vehicle which they claimed sold for $9400 .The vehicle had major damage and looked like it was fixed by an amateur.
Parts did not fit properly:
- the air bag looked as though it had been deployed and stuffed back in.
- the steering column had been taken apart and was not properly put back together
- the interior was filthy
- the outer body was repaired ( dents / rust spots ?? ) then just spray painted over with a different shade of paint that didn't match
- the tires were completely bald
- the cab at the top of the windshield looked like it had been welded at some point to which it was beginning to rust.
- non of this damage was disclosed in the online posting of the vehicle.
Upon seeing all this, I refused to pay for the vehicle and the auction house said that was fine and I would not be allowed to attend any of their auctions again .This was agreed to and it was left at that.
On today's date Dec. 02/15 I was contacted by the owner of the vehicle stating that he was going to sue me for the price of the vehicle to which I hadn't paid for. At this point I asked him where the vehicle was & that if we were going to court over this, that I want pictures of the vehicle ( all the damage & condition of it ) and to get it inspected by a mechanic and to have a report prepared by him. The owner, replied that he no longer has the vehicle & that it was sold at the next auction, but was going to sue me for the balance of the cash he lost from the resale, as he said " sold for considerably less money".
My question is can he still do this after he has resold the vehicle, and how can I now prove my case as to how bad the condition of it was, and that non of the damage was disclosed in the online ad .
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

The owner can sue you for the difference. But that doesn't mean he will succeed.

If the owner mis-represented the state of the car to you and these mis-representations were material, and clearly they were, then you could have sued the owner had you been stuck with the car.

So you can tell the owner you are happy to have a court decide but you are letting him know that you will be seeking damages from him at the same time as you had to spend considerable time dealing with the auction house and are not without a car that you need.

Customer: replied 1 year ago.
This does not really help me. How can I prove my case if he has already resold the car 2 -3 months ago, and only notified me today of this law suite. I can not get a mechanical inspection done now or get pictures of it.
Expert:  Debra replied 1 year ago.

It is unfortunate that you did not take pictures. You coworker and you can both testify. I can only suggest what you can do. I cannot solve your problem.

You are where you are and you will have to do the best you can. You could subpoena the new owner. Ask what state the car was in when he got it etc.

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