QuestionWe signed an agreement to purchase a used car from a dealership and put down a $2000 deposit. The CarProof showed no accidents but we wanted our mechanic to inspect it before paying off the full amount. The contract had written clause for "subject to mechanic approval". Our mechanic inspected and found that the rear bumper had been hit and the foam inside and the license plate lights cracked and there was an imprint on the rear bumper.
Seeing it had been in an accident, we wanted to not purchase the car and wanted our deposit back. The dealer told us that it was not serious enough to be called an accident, that CarProof showed nothing, and they did not have to inspect the vehicle before selling it to us.
They offered to repair the damage to the car but we would not be offered a refund on the deposit. The said they were following OMVIC rules and that anything under $3K in damages is not an accident and we signed the contract, so no refund. They said fixing up the damage would meet the "Subject to mechanic's approval" clause and we would have to buy the car or forfeit our deposit. They were also very rude and arrogant as well at that point pointing fingers at us and saying they are following OMVIC rules.
Can we get out of the contract due to this damage, which the dealer refuses to acknowledge as an accident, and get our deposit back and how ? OMVIC was willing to open a file but the OMVIC rep has not responded after 48 hours and it has been almost a week since we signed.
AnswerHi Mike,
I been selling cars in Ontario for over 30 years and have never kept a deposit where there were a condition written for an independent mechanical inspection,, I really want to know the final outcome to this matter.
It is a long weekend give OMVIC time to respond as they may have a backlog, as for it's been a week since you signed,,, just sit tight for now.
I would like for you to link to this webpage on my website http://www.usedcartips.org/MECHANI.html,, I will also be interested to know how the condition was worded ?,,, when you reply to this, check the make private box or if you want send me a phone # to paulsenray@yahoo.com
Ray http://www.usedcartips.org/index.html
