No compensation for used-car buyer

Okanagan woman loses legal fight for cash to cover cost of brake repairs

“Buyer beware” is the lesson an Okanagan woman has learned when purchasing used cars, after the B.C. Civil Resolution Tribunal dismissed her case that another woman sold her a car with more problems than she bargained for.

On Aug. 20, 2018, Melissa Silva purchased a 2010 Kia Forte from Liza Klingers in Kelowna.

The week before, Silva inspected the car.

Klingers said she told Silva about the problems with the car she was aware of at the time, including a cracked windshield and a damaged left tail light.

Silva drove the car for about 20 minutes with her boyfriend and did not find any issues with the car.

Over the course of the week, the parties agreed Klingers would replace the windshield, which she did.

They also agreed the cost of replacing the tail light would be deducted from the purchase price.

Klingers said she suggested Silva have the car inspected before buying it, but Silva declined.

Silva said Klingers told her the car had been “looked at by a mechanic” before she sold it.

However, Klingers said she told Silva the last time she took the car to the mechanic was in April 2018.

After she bought the car, Silva said she drove it to Vernon, and every time she pressed the brakes, she noticed “something was not right.”

The next morning, she took the car to a mechanic, who determined the brake pads were thin and the rotors were thin and rusty.

Silva filed a dispute with the B.C. Civil Resolution Tribunal, claiming Klingers misrepresented the condition of the car and arguing Klingers should pay her $796.65 for the cost of repairing the car.

Klingers said the last time she took the car to a mechanic there were no issues with the rotors.

“A person who sells a used car does not guarantee the car’s future performance, and anyone buying a used car knows that some problems will inevitably occur,” tribunal member Sarah Orr wrote in her recent decision. “Depending on the circumstances, an implied warranty for a used car’s durability may be limited to the car being safe to drive on the road.”

Orr said there was insufficient evidence to suggest the car was not roadworthy when Silva purchased it.

“I find (Klingers) did not breach the implied warranty,” she wrote.

The sale is governed by the principle of “buyer beware,” said Orr.

“This means that the buyer must assess the condition of the vehicle before buying it,” she said, adding a seller does not have to tell the buyer about defects the buyer could discover by inspecting the vehicle.

“I am not satisfied (Klingers) misrepresented the condition of the car,” said Orr, dismissing the dispute.