My Car Broke Down and the Dealer Won't Fix It

If you buy a car privately, the general law is “buyer beware”, meaning that you are stuck with the car and its problems unless the seller misrepresented (lied about) an important thing about the car. If this happens, you may have to sue the seller in court.

The law gives you more protection if you buy a car from someone in the business, such as a new or used car dealer. For new vehicles, there are legal standards for durabilty under the provincial Sale of Goods Act, and there are common law rights for both new and used vehicles. There are additional protections for what promises are made about both new and used vehicles sales from car dealers under the BC business practices legislation. Any waiver of your statutory rights is usually not valid.

First steps

1. Start by contacting the seller and explaining the problem. The seller may offer to fix or replace your car.
2. If you can’t reach an agreement with the seller, you may decide to report the circumstances to Consumer Protection BC or the Better Business Bureau.
3. If the seller claims that any of your statutory rights don’t apply, speak with a lawyer. [See below under “Where to get help”.]

What happens next

If the above steps don’t work, you may have to sue the seller in Small Claims Court for claims up to $25,000, or Supreme Court for larger claims. See the section of this Guide under the heading, “I need to take someone to court” for information on how to sue.

Where to get help

See the Resource List in this Guide for a list of helpful resources. Your best bets are:

• Consumer Protection BC.
• Access Pro Bono, Lawyer Referral Service, Salvation Army Pro Bono Lawyer Consultation Program, Private Bar Lawyers.
• The publication: “Consumer Law and Credit/Debt Law”.
• Law Students’ Legal Advice Program Manual, see Chapter 9-"Consumer Protection”, for useful information on “Contracts for the Sale of Goods”.)

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview included in this Guide. Make sure you bring copies of all documents relating to your case.

(1) The legal principle under which courts are bound to follow the principles established by previous courts in similar cases dealing with similar facts, or (2) the system of justice used in non-criminal cases in all provinces and territories except Quebec.

An act; a statute; a written law made by a government. See "regulations."

In contract law, the expression, either orally or in writing, of a willingness to be bound by a proposed agreement, contract, or settlement. See "offer to settle."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."