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Behind-the-Wheel

When important information about a vehicle is not revealed to the buyer

Important omissions

Question: When I purchased a truck, the seller did not notify me it had a rebuilt status and he did not write "R" (for rebuilt) in the appropriate section of the APV9T transfer paper.

He lied to me and did not disclose information that he was obligated to disclose.

Now I know the truck was rebuilt, so far it has been impossible to sell because I bought a rebuild and wasn't told about it.

I'm not interested in suing the seller. Is there anything I can do recoup the money that will be lost when I eventually sell it for far less thanI paid?

Other than the additional kilometres, the initial condition was relatively the same as it is now.

Answer: In my experience, few people take the time to fill out the APV9T completely, let alone complete a vehicle transfer correctly without coaching from their Autoplan agent.

In most cases, all goes well after the fact but your instance is not one of them.

Did you look carefully at the transfer paper and the registration and insurance documents when you were making the purchase? They specify if a vehicle was rebuilt or not.

In the bottom right of the APV250 form there is a vehicle status line that will say “rebuilt” if it was registered properly after rebuilding. ICBC says that portion of the form was supposed to be handed to you as part of the transfer.

(According to the Motor Vehicle Act):

False Statements

69 (1) A person commits an offence if the person does any of the following:

(a) makes a false statement in

(iv) a notice of transfer of a motor vehicle or trailer

To successfully prosecute under that section of the Motor Vehicle Act, it would have to be shown the person you bought the truck from wilfully made the false statement.

The difficulty there is the part on the transfer paper not filled in. That may be a fraud by omission rather than making false statement. Unfortunately, that is not something normally dealt with in traffic enforcement, so I don't know the answer. Consulting legal counsel would be appropriate.

Unfortunately, the only way I can see you getting any compensation for this is to deal with the seller via Small Claims B.C. or the Civil Resolution Tribunal.

This article is written by or on behalf of an outsourced columnist and does not necessarily reflect the views of Castanet.



More Behind the Wheel articles

About the Author

Tim Schewe is a retired constable with many years of traffic law enforcement experience. He has been writing his column for most of the 20 years of his service in the RCMP.

The column was 'The Beat Goes On' in Fort St. John, 'Traffic Tips' in the South Okanagan and now 'Behind the Wheel' on Vancouver Island and here on Castanet.net.

Schewe retired from the force in January of 2006, but the column has become a habit, and continues.

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The views expressed are strictly those of the author and not necessarily those of Castanet. Castanet does not warrant the contents.

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