Purchased camper van unseen view left by the roadside by new owners – fr

Purchased camper van unseen view left by the roadside by new owners – fr

A civil resolution court ruled that it was an “as is” sale and ordered buyers to pay towing and storage charges.

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A case of mistrust of the buyer or of deception of the sellers?

A couple from British Columbia who bought a motorhome from a private sale before driving it or even seeing it sued the sellers because they found it unsafe to drive and said that the sellers knew.

Sandra Burnstad and Richard Long asked the vendors to reimburse their $ 4,500 because the motorhome was “unliveable and unsaleable”. They told the BC Civil Resolution Court that they did not agree to buy it when they gave the sellers the full amount they requested and were only doing so for a road test.

They say they first discovered the flaws when they drove it on using a temporary two-day permit and parked it on the road without registering their ownership.

This means that when the vehicle was finally constrained and towed, the towing company came after the salesmen, Wilson and Amber McBride, for over $ 700 in towing and storage charges.

With the amount increasing daily and the tow truck company threatening to hand over the bill to collections, the McBrides moved the vehicle to their property. They offset $ 5,000 for towing and storage costs and the inconvenience of having to keep the RV on their property.

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The McBrides told the court that the receipt indicated that it was an “as is” sale.

They also said that when Burnstad first texted them in response to an online ad, they told her they had “several potential buyers” who wanted to see her. Burnstad texted that she would buy it, without seeing her. The McBrides asked her if she was sure and she replied, “Very serious.”

The McBrides had told him that some of the ceiling panels were soft, related to moisture. Burnstad said she could fix anything, the court noted, and transferred $ 3,000 that day.

But Burnstad and Long told the court the money was only intended for a refundable deposit and the McBrides should not have agreed to the transfer until they saw the motorhome in person and approved its condition.

“The parties’ text messages clearly show that the applicants agreed to buy the camper van for $ 4,500, without inspection” or any conditions, judged Chad McCarthy, a member of the tribunal.

He dismissed buyers ‘claim that the McBrides’ children “deliberately distracted them from seeing the alleged problem areas” or that they had been granted a temporary license only for a test drive.

He also noted that Burnstad and Long attempted to sell the motorhome online shortly after purchasing it, proof that they “owned the vehicle and knew they had done so.”

Burnstad and Long also alleged that the McBrides had “twisted” the condition of the motorhome by not revealing mold in the bathroom and rot in the walls. But he noted that Burnstad wrote, “If the engine is running that’s all I’m concerned about,” adding “no engine problems are alleged.”

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Burnstad and Long submitted a letter from a restoration company that warned the vehicle should not be driven, but McCarthy gave it no weight as the letter was not expert evidence and “any structural issues. and safety is not proven.

In addition, the “as is” condition of the sale on the receipt means that sellers do not have to provide a durability guarantee under the British Columbia Sales of Goods Act, he added. he writes.

He denied the buyers’ refund claim and awarded the McBrides their tow, storage and inconvenience claim of $ 783, and their $ 125 in filing fees.

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