“I traded in my 2017 Chevrolet Silverado for a 2022 Chevrolet Silverado. Two weeks after the transaction, the dealership I dealt with called me back to tell me that I had to come pick up my old truck because its engine was defective. The dealer claims that I was aware of the defect before the transaction, when this is not the case. What are my obligations? » -Billy
Answer
Hello Billy,
Not being sure how to respond adequately to you, given the fact that this is an exceptional situation, I contacted the Consumer Protection Office (OPC) who sent me some tips of solution.
The response from Charles Tanguay, responsible for media relations, provides important clarifications. From the outset, he states that it would be necessary to verify the circumstances in which the transaction took place. This necessarily includes the conditions named in the contractual agreement that bound you to the dealership when you sold your vehicle to them.
According to what it relates to the information you sent me, your case would not fall under the Consumer Protection Law (CPL). The reason is that when you leave your vehicle in exchange for another, the transaction is done in two steps. The first is to sell your current vehicle to the dealership you are dealing with. You therefore act as a “seller”, not a “consumer”.
This situation would rather fall under the Civil Code, more precisely article 1726 of the Civil Code of Quebec, which governs the application of the legal guarantee of quality.
1726. The seller is required to guarantee to the buyer that the good and its accessories are, at the time of sale, free from hidden defects which make it unfit for the use for which it is intended or which so reduce its usefulness that the buyer cannot would not have bought it, or would not have given such a high price, if he had known them.
It is, however, not required to guarantee hidden defects known to the buyer or apparent defects; is apparent the defect which can be noted by a prudent and diligent buyer without needing to resort to an expert.
According to what Mr. Tanguay reports, it would be up to the concessionaire to assert his right and, consequently, to prove the facts which support his hypothesis. It is therefore the dealer’s responsibility to prove that you were aware of the defect in your vehicle’s engine, which would potentially have had an impact on the transaction.
I think your point of salvation lies there. You must ask the dealer to support their position and the reasons that lead them to believe that you were aware of the problem before selling them your vehicle. Afterwards, you will know more precisely what your obligations are in this regard.
MIGHT INTEREST YOU
