What is a misrepresentation of a vehicle's condition?
British Columbia, Canada
The following excerpt is from Raji v. Chattha, 2021 BCCRT 944 (CanLII):
27. A misrepresentation is a false statement of fact made during negotiations or in an advertisement that has the effect of inducing a reasonable person to enter into the contract: see O’Shaughnessy v. Sidhu, 2016 BCPC 308. If a seller misrepresents a vehicle’s condition, the buyer may be entitled to compensation for losses arising from that misrepresentation.
28. The seller must have acted negligently or fraudulently in making the misrepresentation, the buyer must have reasonably relied on the misrepresentation to enter into the contract, and the reliance “must have been detrimental in the sense that damages resulted”: see Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 SCR 87 at paragraph 110.
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