A BC Civil Resolution Tribunal case weighed the issue of B次元官网网址渂uyer bewareB次元官网网址� and a claim of B次元官网网址渕isrepresentationB次元官网网址� after a van bought on Facebook in Victoria broke down on the way home from the sale.

Nina Gilbert filed the suit with the CRT after buying a 1995 Chevrolet G20 van from Bryce Quirk in August 2022 after seeing an ad on Facebook Marketplace.

In the CRT decision, Gilbert said the van broke down B次元官网网址�15 minutesB次元官网网址� after she left QuirkB次元官网网址檚 home, due to transmission problems.

B次元官网网址淢iss Gilbert says Mr. Quirk misrepresented the vanB次元官网网址檚 condition,B次元官网网址� says the CRT decision, adding that Gilbert wanted a refund of $3,800, which is the price she paid for the van ($4,300) minus what she sold it for ($500).

Quirk responded that he B次元官网网址渘ever misrepresented the van and that the transmission failure is not his responsibility, given the vanB次元官网网址檚 age, mileage, and recent work done,B次元官网网址� reads the CRT decision.

The rules of B次元官网网址渂uyer bewareB次元官网网址� normally apply in such a case, said the CRT, unless the condition of a product is B次元官网网址渕isrepresentedB次元官网网址� by the seller.

Gilbert ended up having her claim dismissed, a warning to other people planning on buying a vehicle in a private sale.

The van in question was 27 years old and had been driven approximately 260,000 kilometres.

The ad on Facebook said it had a B次元官网网址渘ew transmission,B次元官网网址� according to the CRT decision.

The mileage became an issue in the case because the transfer document said 260,000 miles B次元官网网址� not kilometres like it did in the ad.

Quirk said the error was an innocent one.

B次元官网网址淢r. Quirk pointed out that Miss Gilbert inspected the vehicle herself, and would have been able to see the mileage on her own,B次元官网网址� says the CRT decision.

B次元官网网址淚 agree. Miss Gilbert says she did a B次元官网网址榯horough inspectionB次元官网网址� of the vehicle, and I find that if Mr. Quirk had inadvertently put km instead of miles in the ad, she could have easily discovered that error before purchase.B次元官网网址�

Another key to dismissing GilbertB次元官网网址檚 claims is that she did not test drive the van or have a mechanic inspect it.

B次元官网网址淢iss Gilbert has not explained why she did not test drive the van prior to purchasing it, or have an inspection done, while Mr. Quirk says she was given ample time to do so,B次元官网网址� reads the CRT decision.

The CRT said an inspection would have likely helped because the van had a history of transmission issues. Quirk provided Gilbert with invoices showing there had been extensive work on the transmission previously.

B次元官网网址淚 do not find Mr. QuirkB次元官网网址檚 statement that the transmission was B次元官网网址榬ebuiltB次元官网网址� was a misrepresentation in the circumstances,B次元官网网址� reads the CRT decision. B次元官网网址淚 find Mr. Quirk was transparent about the vanB次元官网网址檚 condition B次元官网网址� nor did he make false or reckless statements about its condition.B次元官网网址�

In the end, the CRT dismisses all claims.

B次元官网网址淢iss Gilbert says she drove about 15 minutes before the van broke down,B次元官网网址� says the CRT decision.

B次元官网网址淪o, I find the van was reasonably roadworthy at the time of purchase. Considering its age, very high mileage, and unknown condition, I find a mechanical problem could have happened at any time. I find Miss Gilbert has not proven the van, or its transmission, were not reasonably durable, in all of the circumstances.B次元官网网址�

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