Selling Used car....
- Thread starter Lt_Crazy
- Start date
Garage reports over known issue on cars that would have been apparent for a long time before the sale. Easily done by any specialized shop that know about the issues.
DJD&G
New member
It's pretty hard to prove but it can be done, it all depends on what's the hidden defect. Like a smashed car is easy to prove but engine failure or something like that is way more harder.
I have personally done it. I got lucky and it all got very easy once the shop found evidence of tampering with specific parts so a specific issue would not be apparent unless someone was diligent about it. Meaning that any regular Joe Shmoe would not have noticed anything until it was too late to come back and sue the dickhead who tried to scam me with an engine that had oil pressure issues.
The seller took the easy road of buying the car back + my expenses when I served him the estimate at the dealer for a new engine + the detailed(with pictures) garage report on the hidden issue, along with some internet searches of the previous owner asking on a forum about that issue a couple months prior(username + pics of car/license plate/house in profile to ID him). My lawyer told me it was a slamdunk case, even for a judge that knew nothing about cars.
It's a lot of trouble but the fucker paid for it in the end. The internet is a wonderful place to search for people, cars and their history.
deathguyQC
Active member
You are allowed to sell a car "as is" as long as it's properly indicated on the contract you sign with the buyer. Otherwise the Civil Code for hidden defects kicks in by default.
http://www.opc.gouv.qc.ca/en/consum...chetee-dun-particulier/decouverte-vice-cache/
If the contract does not mention an as is statement and the buyer wants he's money back, in that case they need to go to civil court but if they declare less than what they paid (to save taxes) than the judge will only evaluate the case on what was declared at the SAAQ regardless of the real amount paid.
http://www.opc.gouv.qc.ca/en/consum...ee-dun-particulier/transfert-immatriculation/
http://www.opc.gouv.qc.ca/en/consum...chetee-dun-particulier/decouverte-vice-cache/
If the contract does not mention an as is statement and the buyer wants he's money back, in that case they need to go to civil court but if they declare less than what they paid (to save taxes) than the judge will only evaluate the case on what was declared at the SAAQ regardless of the real amount paid.
http://www.opc.gouv.qc.ca/en/consum...ee-dun-particulier/transfert-immatriculation/
Like I said, I did my homework and I was lucky.
And also, people post a lot of stuff on the internet nowadays. Especially cars. It's easy to find people on forums with pictures of cars, car meets, track days, drag racing, etc...
^^ when buying a used car u have no choice!
what if you can prove that you paid more..??? bank statements and sellers add..??
what if you can prove that you paid more..??? bank statements and sellers add..??
deathguyQC
Active member
Then you open the can of worns of fraud. Declaring less than what you actually paid at the SAAQ is a tax fraud (even if they don't do much against it). This is the last thing you want to bring foward to a judge who will take action over it if you insist too much. At the end of the day, the only thing a judge will care for is what was declared at the SAAQ because that's the only unbiased 100% truth proof he can work with. The rest is your word against the other person word.