I would like to know what my consumer rights are after buying a used car from a dealership in Quebec? I just got back

Expert's Assistant chat
Customer: Hi Pearl, I would like to know what my consumer rights are after buying a used car from a dealership in Quebec?
JA: Have you talked to a Quebec lawyer about this?
Customer: No
JA: What steps have you taken so far?
Customer: I just got back from the dealership where I bought the used car from them in July 2021. They sold me a lemon! It needs so many repairs which I can't afford to pay so I asked them if they would take it back and give another one that's not falling apart!
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Do you need details of the car repairs that need to be done?
Answered by Ulysses101 in 1 hour 1 year ago
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Ulysses101
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Ulysses101
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Jessica

Jessica

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Ulysses101, Expert

Hello, thank you for the question.  You bought it from a dealer, at a commercial location which presumably sells more than 6 cars per year?  And have you approached the dealer to ask what they have to say about this vehicle?

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Ulysses101, Expert

Are you available today to discuss your car purchase with me?

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Ulysses101, Expert

I'll answer you as best as I can with the information you have provided.

You need to go over the sale contract and invoice carefully, preferably with a lawyer or paralegal who is good in such matters.  It's possible that the car was sold "as is", in which case you have little recourse (unless that "as is" is buried in the fine print and is literally difficult to find).  Without an "as is" clause, then the vehicle is subject to some standard assumptions.

Firstly, there might be some kind of warrantee in the contract.  Since the contract was probably drafted by the seller, I wouldn't expect a whole lot of protection to come from it.

Secondly, even without a warrantee the vehicle ought to be "fit for the purpose" for which it was offered for sale and purchased in good faith, ie be road worthy.  If the vehicle was advertised as in decent condition, or that it has passed a safety inspection, and it turns out that it needs a lot of work done to make it safe, then you have a claim against the seller.

Thirdly, it may be that the seller himself performed the safety inspection.  If it shouldn't have passed, and you can prove that with some photos and a report from another good mechanic, then that is a serious matter and absolutely should be brought to the attention of the court or the authorities, and this will certainly give you some leverage in getting the car repaired, replaced, or your costs to bring it up to minimum standard ordered paid back to you by the seller.  Here are some useful links:  https://www.apa.ca/links.asp

However, there's no law which says that if you bought a lemon you're allowed to bring it back within a certain period for a full refund or replacement.

I hope that helps for a start.  Please let me know if there's more to discuss on this topic?

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Ulysses101, Expert

I'll be here to answer your follow-up questions at no additional cost to you.  Thank you for the question and thank you for using JustAnswer.

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