QuestionHello
I recently test drove a used car from a private seller. Seller had it advertised as a 2008 model. I liked the car and agreed to put a deposit on the car. Seller gave receipt for the deposit and described the receipt as a deposit for a 2008 model and included the VIN number and personal details. We both signed and I handed over the deposit.
At a later date I discovered that the car was actually a 2007 model, not a 2008. I expressed my concerns to the seller and advised him that I would like to cancel the deal on this basis. Seller agreed to refund my deposit. The seller has however ceased communication and has not refunded my deposit.
Do I have a valid cause of action in small claims court to recover my deposit?
Much appreciated,
AnswerHi Jonathan,
I am a little confused with your Q because when a private seller in Ontario Canada sells a car he must submit to buyer a Used Vehicle Information Package and the "vehicle portion" of the registration permit to the buyer both of which show model year ?
When you say you discovered at a later date car being a 2007 I assume this problem came to light when you went to the licence office for transfer ?,,, if vehicle has not been transfered into your name as yet and you have the bill of sale that says 2008 you have a case,,, let me know and I will guide you how to get a refund.
My fear here is you may have been dealing with a Corbsider since you cannot reach the seller ?,,, if you don't know what a curbsider is then please read this link on my website
http://usedcartips.org/privatevsdealer.html
If there is a way to obtain a refund I will know the answer, with the information I provided you still feel you should be intitled to a refund then please mail me at paulsenray@yahoo.com along with a phone # and best time to call and I will guide you in the right direction.
Ray
http://www.usedcartips.org/
