What is the test for disclosing known defects in a private used vehicle sale?
British Columbia, Canada
The following excerpt is from Caviglia v. Jonathan, 2020 BCCRT 426 (CanLII):
10. In a private used vehicle sale, a purchaser is expected to reasonably assess the vehicle’s condition before purchasing it. While a seller is not under any duty to disclose known defects, the seller must not actively conceal them. Unless the seller commits fraud or conceals defects, the purchaser assumes the risk for any defects in the condition or quality of the vehicle. This principle is referred to as the doctrine of caveat emptor or “buyer beware”. See Rusak v. Henneken, [1986] B.C.J. No. 3072 (S.C.); Smith v. Wild Grizzly Transport Ltd., 2018 BCCRT 203.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the common law duty of a seller to disclose known defects to a buyer when selling a used vehicle? (British Columbia, Canada)
Can a motor vehicle prohibition be confirmed on the basis that the petitioner did not intend to put his vehicle in motion when he got in the vehicle? (British Columbia, Canada)
What is the proper measure of damages for damages where a defect in a motor vehicle is not disclosed? (British Columbia, Canada)
Can a vehicle dealer misrepresents a vehicle prior to sale? (British Columbia, Canada)
In a motor vehicle accident involving a stolen vehicle, can the driver of the stolen vehicle be held liable for damages? (British Columbia, Canada)
What are the definitions of latent defects and what are the consequences if a vendor fails to disclose or conceal a latent defect? (British Columbia, Canada)
Does the principle of “buyer beware” apply to a private used vehicle sale? (British Columbia, Canada)
Does a seller have a duty to disclose known defects? (British Columbia, Canada)
What is the applicable and relevant implied warranty in a private used vehicle sale? (British Columbia, Canada)
What is the impact of ICBC’s collector vehicle insurance policy on a vehicle that is insured under the collector vehicle program? (British Columbia, Canada)
