La loi vos droits

Drivers

Buying a Used Car or Motorcycle

Azizah wants to buy a car so she can get out of Montreal more easily. Her dream has never been to own a big luxury car. She’d prefer a small one that’s easy on the environment. A work colleague suggested she consider a used car.

Azizah is wondering if this is a good idea. She knows the law protects buyers of used cars, but she is not sure how these rules work.

In this Infosheet, Éducaloi explains how the law protects you when you buy a used car or motorcycle from a merchant.

When I buy a used car or motorcycle, does the Consumer Protection Act automatically protect me?

No. That law only protects you if you buy a used car or motorcycle from a merchant.

Merchants are individuals or companies in the business of selling for a profit on an ongoing basis. So if your friend sells you her used car to make a bit of money, this doesn’t make her a merchant and you won’t be protected by the Consumer Protection Act.

Does the merchant selling me a used car or motorcycle have to give me any specific information?

Yes. The merchant must place a clearly-visible sticker on each used car or motorcycle with information for potential buyers. Buyers must be able to read the entire sticker from outside the car or motorcycle. The sticker must contain the following:

• the sale price of the car or motorcycle
  
• the number of miles or kilometres travelled
  
• the year the car or motorcycle was manufactured, the serial number, the make and model, and the cubic capacity of the engine
  
• for a car, whether it was ever used as a taxicab, demo car, driving school vehicle, police car, ambulance or rental car
  
• the identity of any businesses or public agencies that owned the car or motorcycle or rented it on a long-term basis
  
• any repairs to the car or motorcycle while in the merchant’s possession
  
• the class of car or motorcycle and the specifications of its warranty
  
• the fact the buyer will be given a mechanical inspection certificate upon purchase. (This obligation only applies to certain types of cars, such as taxis and used cars from outside the province of Quebec.)
  
• that the name and telephone number of the previous owner is available upon request

Feel free to contact the previous owner to ask questions. This will help you make an informed decision. Since he is no longer the owner, he has no interest in hiding information from you. By asking questions, you’ll find out whether the car or motorcycle handles well in winter, whether it has ever been in an accident, etc.

If the merchant is not required to give you an inspection certificate, try to have the car or motorcycle inspected by a mechanic to find out what condition it is in. You will be responsible for the cost of the inspection. If you are buying a used car, the law says it is your right to have it inspected by a mechanic, as long as the mechanic is located a reasonable distance from the place of sale.

Other than having it inspected, what precautions should I take before buying a car or motorcycle?

It is important to check whether there are any outstanding debts or charges on the car or motorcycle you want to buy. Why?

Imagine that you buy a used car without checking for outstanding debts and charges. One morning, you get a call from the bank explaining that the former owner of your car gave it as security for a loan. Since he didn’t pay off his loan, the bank wants to seize the car. You could be stuck giving the car to the bank since it was up to you to check for any outstanding debts on the vehicle.

To check for debts or charges, you must consult the Registre des droits personnels et réels mobiliers (RDPRM).

The RDPRM is an electronic registry, accessible to everyone, that allows you to check if there are any debts or charges on certain items you might like to purchase, such as a car.

You can check the registry in the comfort of your own home by visiting the RDPRM website  (https://www.rdprm.gouv.qc.ca/rdprmweb/html/engls_publication.asp). The registry is also accessible by telephone, mail or fax. To learn more, consult the RDPRM’s website.

What must be included in the sales contract?

Once you have made your decision, the merchant must prepare a written contract. You should read the contract carefully before signing and be sure you understand everything. Feel free to ask the merchant questions or to consult a legal professional.

The contract must contain the following information:

• the number of the licence issued to the merchant by the government
  
• the place and date the contract is signed
  
• your name and address
  
• the merchant’s name and address
  
• the price of the car or motorcycle
  
• the amount of applicable taxes
  
• the total amount you must pay
  
• the specifications of the warranty

The sticker that was on the car or motorcycle is also part of the contract and must be attached to it. The only sticker information that can be changed (with your agreement) is the sale price and specifications of the warranty.

You can ask a judge to cancel the contract if you suffered a loss as a result of the missing information that had to be included in your contract with the merchant.

Are used cars and motorcycles covered by a warranty?

Under the Consumer Protection Act (CPA), used cars and motorcycles are covered by a general warranty of good working order. This is a "legal" warranty, which means it applies automatically without you having to sign anything.

The length of the warranty depends on the following:

• the date the car or motorcycle was put on the market (when the manufacturer put a car or motorcycle of this particular model and production year on the market in Quebec)
  
• the mileage, if it is a car

For

cars

, the length of the general warranty of good working order varies according to the following classes:









For

motorcycles

, the general warranty of good working order varies according to the following classes:

What is covered by the general warranty of good working order?

As mentioned in the previous question, the general warranty of good working order applies to cars in classes A to C, and motorcycles in classes A and B.

This warranty covers parts and labour and takes effect on delivery of the car or motorcycle to the buyer.

The following are not covered by this warranty:

• normal maintenance
  
• interior upholstery or decorative items on the exterior
  
• damage resulting from abusive use by the buyer after delivery of the car or motorcycle
  
• for motorcycles - accessories not essential to their good working order

What can I do if I have a problem with my car or motorcycle while it is still under the warranty of good working order?

1. Demand Letter
   
   You can send a demand letter to the merchant explaining the nature of the problem as soon as you notice it. Make sure to keep a copy of the letter.
   
   Send it in a way that allows you to prove it was received (e.g., by registered mail). For more information, consult our Infosheet Demand Letters  (http://www.educaloi.qc.ca/en/loi/consumers/31/).
   
   
2. Complaint filed with the Office de la protection du consommateur (optional)
   
   If the merchant does not cooperate, you can file a complaint with the Office de la protection du consommateur (OPC). An OPC officer can tell you about your rights and let you know if you should try to solve the problem through what is known as conciliation, a dispute-settlement procedure offered by the OPC.
   
   If the situation is not resolved, and you decide to sue the merchant, the OPC officer can give you information on how to go to Small Claims Court. For more information, consult the OPC website  (http://www.opc.gouv.qc.ca/) (French).
   
   
3. Lawsuit
   
   If you decide to file a legal claim against the merchant for an amount less than $7,000, you can go to Small Claims Court. For an amount higher than $7,000, you must go to the Court of Quebec.
   
   For more information, consult our Côtécour sections, Court of Quebec - Small Claims Division  (http://www.educaloi.qc.ca/en/cotecour/court_quebec/small_claims_division/) and Court of Quebec – Civil Division  (http://www.educaloi.qc.ca/en/cotecour/court_quebec/civil_division/).

Do I get the benefit of the warranty offered by the original manufacturer or dealer?

Cars and Motorcycles

If the car or motorcycle came with a warranty for a certain length of time or certain mileage when it was bought new, and this time or mileage has not run out when a merchant resells it, then the warranty is still valid. In this case, the original manufacturer or dealer must pay for all repairs covered by the warranty.

When buying a used car or motorcycle, you should find out whether this original warranty is still valid.

Cars Only

When the original warranty is still valid and repairs are needed, the original manufacturer or dealer must pay for all reasonable expenses for towing or breakdown service.

What’s CAMVAP?

CAMVAP (the “Canadian Motor Vehicle Arbitration Plan”) is a system set up to resolve disputes between car manufacturers and buyers. Car manufacturers cover the cost of this service. You are only responsible for your own expenses (e.g., photocopies, any costs for experts, subpoena costs).

Under CAMVAP, a neutral and impartial arbitrator hears disputes and makes a decision that both parties must follow.

To qualify for CAMVAP, your dispute must meet certain requirements, such as:

• your dispute must be with the manufacturer (and not with a dealer, for example)
  
• your car must be the current year’s model or a model made in the last 4 years
  
• your car must have less than 160,000 km on it
  
• the dispute is based on a manufacturing defect

For more details on this program, consult the CAMVAP website  (http://camvap.ca/).

Useful Links :

1. Office de la protection du consommateur   [http://www.opc.gouv.qc.ca/]
2. Registre des droits personnels et réels mobiliers  [https://www.rdprm.gouv.qc.ca/rdprmweb/html/engls_publication.asp]
3. CAMVAP  [http://www.camvap.ca/]