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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101445
Experience:  Lawyer
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I just bought a car with misleading information. I purchase

Customer Question

I just bought a car with misleading information.
I purchase a 1963 Mercury Comet. presented with the purchase was a 3 month old Out of Province inspection certificate, I purchased the car as it was on the road, insured and registered by the owner. When i took the car in to get an inspection done for my insurance it failed completely. I advised that this car just passed the out of province inspection 3 months early and they were shocked. they contacted Alberta transportation and they deemed the car unsafe and gave it a salvage title. I have talked to the sellers adn they seemed as surprised as i was, i asked them how can they make this right.
He said he would buy back the car but would need 6 months to come up with the money. Also he would need me to get the Alberta Transportation to drop the claim
i purchased this car as is of course.... is there anything i can do?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 1 year ago.

I am sorry that this happened to you.

How much did you pay for the car?

Customer: replied 1 year ago.
Expert:  Debra replied 1 year ago.

I know you purchased the car as is but that does not mean that a seller can materially misrepresent the state of the car. The seller gave you an old inspection report and the implication at least was that your car would pass inspection.

As well, your seller is agreeing with you because he's willing to buy back the car. You do not have to do anything with Alberta transportation nor do you have to wait six months.

What I suggest you do immediately is send the seller a letter by registered mail. In the letter briefly set out the facts and include the point that he has agreed with you and will give you back your money but says he needs time to do so.

Give him a deadline to pay you back and that deadline should be short. I am not saying it should be 24 hours but it certainly should not be six months. I would suggest that you give him a week.

Tell him that if he fails to comply you will then, without further notice to him, commence legal proceedings. You can tell them that if you are forced to sue him not only will you be suing for the $4000 and interest and your costs but you will also sue for damages for loss of inconvenience and for the trouble this has caused you.

You can then sue him in small claims court and can self represent. If it gets that far and you find you need some help as you go through the process you can always post on the site again and I can assist you further.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 1 year ago.
thank you so much for your help...I'll try and write something up tonight. He has since gone silent when i asked for something in writing..If i have any questions i'll let you know.
Expert:  Debra replied 1 year ago.


Please let me know how it goes, even if you don't know for a while. The post will always remain open even after you rate me.


Customer: replied 1 year ago.
Hi There,We drafted up the letter to the seller last night... hopefully we have covered everything.We were talking and do you think we would have a case or worth pursuing suing OK Tire (who falsely did the out of province inspection) as they allowed us to drive an unsafe vehicle and thus risking not only our lives but those on the road as well?
Just a thought...Thank you
Expert:  Debra replied 1 year ago.

You cannot sue for damages that did not happen but only for the ones you actually incurred.

Expert:  Debra replied 1 year ago.

Is there anything more I can help you with at this point in time?