Can a seller misrepresentate a vehicle's condition?

British Columbia, Canada


The following excerpt is from SW v. Smith, 2022 BCCRT 252 (CanLII):

21. That said, if a seller misrepresents a vehicle’s condition, the buyer may be entitled to compensation for losses arising from that misrepresentation. A “misrepresentation” is a false statement of fact made during negotiations or in an advertisement that induces a reasonable person to enter into the contract. 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).

Other Questions


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 a misrepresentation of a vehicle's condition? (British Columbia, Canada)
Can a seller misrepresents the condition of a vehicle? (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 is the impact of ICBC’s collector vehicle insurance policy on a vehicle that is insured under the collector vehicle program? (British Columbia, Canada)
Can a seller misrepresents a vehicle’s condition? (British Columbia, Canada)
Can a seller misrepresents a vehicle's condition? (British Columbia, Canada)
Does a vehicle dealer who misrepresents the condition of a vehicle can be liable for damages to the buyer? (British Columbia, Canada)
Is a vehicle that is insured for farm use and pleasure use more than twice as much as the vehicle insured for the purpose of transporting the insured to and from work? (British Columbia, Canada)
What is the law on misrepresentation in the context of a vehicle sale? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.