Mechanical Defect/Non Disclosure/Repair Failure
Our firm litigation cases concerning Mechanical Defects /Non Disclosure/Repair Failure. If a fact about the vehicle that affects the structural, mechanical, or performance of the vehicle could reasonably be expected to influence the decision of a reasonable purchaser to buy the vehicle the registered motor vehicle dealer must ensure that the information is disclosed in the contract.
Consumer complaints have risen and range anywhere from complaints of non-working transmissions, gasket leaks, faulty alternator.
It is mandatory that a dealership discloses fact or detail about the motor vehicle related to a its past use, history or condition.
Salespeople and dealers are required by law to provide these disclosures related to the past use, history and condition of the vehicle.
This disclosure must include written statements on the vehicle contract about any of the following conditions.
- The make, model, trim level and model year of the vehicle.
- If the vehicle has been used as a taxi, limousine, police or emergency vehicle.
- If the vehicle has been leased (rented) on a daily basis and has not been subsequently owned by someone other than a dealer.
- If any collision or incident damage to the vehicle was greater than $3,000 (and the total cost of repair if known by the dealer).
- If the vehicle has been classified under the Highway Traffic Act as irreparable, salvage or rebuilt, or was declared a total loss by an insurer.
- If the vehicle has two or more adjacent panels that are not bumper panels that have been replaced.
- If the manufacturer’s warranty on the vehicle has been canceled .
- If the vehicle has sustained any damage caused by fire.
- If the vehicle has sustained any damage caused by immersion in liquid that has penetrated to the level of at least the interior floor boards.
- If there has been structural damage or if the vehicle has had repairs, replacements or alterations to the structure of the vehicle.
- If the vehicle has an anti-lock braking system that is not operational.
- If any of the vehicle’s airbags are missing or not operational.
- If the vehicle requires repair to any of the following:
- Engine, transmission or power train.
- Subframe or suspension.
- Computer equipment.
- Electrical system.
- Fuel operation system.
- Air conditioning.
A statement of any other facts that could be expected to influence the decision of a reasonable buyer or lessee to purchase or lease the vehicle on the terms disclosed in the contract.
In a recent matter the car dealership settled and refunded cost of the vehicle together with legal fees.