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[edit]
- Start by contacting the seller and explaining the problem. The seller may offer to fix or replace your car.
- 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.
- If the seller claims that any of your statutory rights don’t apply, speak with a lawyer.
What happens next[edit]
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[edit]
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, and Private Bar Lawyers.
- The publication: “Consumer Law and Credit/Debt Law”.
- The Law Students’ Legal Advice Program Manual chapter "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.
This Guide explains the law and legal procedures in general. It is not intended to give legal advice on your particular legal problem, and should not be relied on for that purpose. Information in this Guide is accurate as at November 2012. Please note that fees and guidelines outlined in the Guide are subject to change. |