Pexels

A lesson in car purchasing: $800 claim dismissed using ‘buyer beware’ policy

After purchasing a car in Kelowna, a woman claimed the seller was not honest with her

A woman will be not be compensated $800 after purchasing a used car in Kelowna and claiming the seller misrepresented the condition of the car.

Melissa Silva purchased a 2010 Kia Forte car in August 2018, which had 132,000 kilometres, according to Civil Resolution Tribunal documents.

Upon inspecting the car, Silva and her boyfriend test drove it for 20 minutes, and didn’t notice anything wrong with it other than a cracked windshield and damaged tail light, the documents read.

READ MORE: Hergott: The financial cost of a car crash

After the windshield and tail light were fixed, Silva bought the car, but as she was driving to Vernon, she noticed something wasn’t right.

After taking the car to the mechanic, the mechanic determined the brake pads with thin and rotors were rusty. Silva said she was not aware of these problems prior to the sale of the car.

She claims she is owed $800 for the replacement of the brakes, however, Sarah Orr, tribunal member ruled that “(Silva) says the applicant may have caused the problems with the brake pads and rotors after she bought the car but provided no evidence to support this claim. Although the evidence is unclear on this point, there is nothing to suggest the worn-down brake pads and rotors were caused by anything other than normal wear and tear.”

READ MORE: Hergott: Filing a personal injury claim

The sale of the car is governed by a “buyer beware” policy, meaning the buyer must assess the condition of a vehicle before purchasing it. A seller does not have to tell the buyer about defects the buyer could determine by reasonably inspecting a vehicle.

The tribunal deals with claims under $5,000.


edit@kelownacapnews.com

Like us on Facebook and follow us on Twitter.

Just Posted

UBC researchers want to hear from rural Shuswap residents on health care

Once completed, the project will inform health care planning and policy decisions

Truck rollover west of Sicamous disrupts traffic for hours

The evening rollover on May 25 temporarily halted highway traffic near the Bernie Road intersection.

Okanagan-Shuswap weather: Thunderstorm possible for South Okanagan

The rest of the region will enjoy a sunny day.

Photos: Over 80 competitors took part in 3D Archery Shoot

The event is hosted by the Salmon Arm Fish and Game Club

Girl, 9, out of ICU after carbon monoxide poisoning in Shuswap tent

Her mother who was sleeping in the same tent with her did not survive

REPLAY: The best videos from across B.C. this week

In case you missed it, here’s a look at the replay-worth highlights from this week in the province

Neighbours help save Okanagan garage fire from spreading

Neighbours knock down fire enough before BX-Swan Lake firefighters arrive to fully extinguish

Kamloops RCMP investigate violent home invasion

Police believe the incident was targeted

Letter: Sicamous Bike lanes going unused

This letter writer feels too many people are forgoing bike lanes to ride in the street

Wildfire crews watching for dangerous wind shift in High Level, Alta.

The Chuckegg Creek fire is raging out of control about three kilometres southwest of the town

UN urges Canada to take more vulnerable Mexican migrants from Central America

The request comes as the United States takes a harder line on its Mexican border

Trail played role during fur trade era

Fur Brigade Trail in Okanagan has long history

Mistrial declared in Jamie Bacon murder plot trial

Bacon was on trial for counselling to commit the murder of Person X

Most Read