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.

If you buy a car from someone in the course of their business (for example, from a new or used car dealer), there are implied (unspoken but legally binding) conditions under the provincial Sale of Goods Act that the car is reasonably fit for the purpose for which it is intended and that it will be durable for a reasonable period of time.

A used car dealer may say that the above implied conditions do not apply. He or she must do so “expressly” in the Sales Agreement.

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. [See #14-Consumer Protection BC in Part 2 of this Guide for contact and website information.]
3. If the seller claims that the implied conditions of fitness and durability under the Sale of Goods Act 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 page 5 in this Guide under the heading, “I need to take someone to court” for information on how to sue.

Where to get help

See Part 2- Resources, starting on page 43, for a list of helpful resources. Your best bets are:

• 14-Consumer Protection BC.
• 1-Access Justice, #34-Lawyer Referral Service, #51-Salvation Army Pro Bono Lawyer Consultation Program, #45-Private Bar Lawyers.
• 35-Legal Services Society Publications: “Consumer Law and Credit/Debt Law”.
• 33-Law Students’ Legal Advice Program. (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, in Part 3 of this Guide (page 57). Make sure you bring copies of all documents relating to your case.

(1) In law, a requirement or obligation to honour and abide by something, such as a contract or order of the court. A judge's order is "binding" in the sense that it must be obeyed or a certain punishment will be imposed. (2) The principle that a higher court's decision on a point of law must be followed by a lower court. See "contempt of court" and "precedent."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

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

(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."