Man buys Delorean in B.C., sues because it doesn't work
A U.K. resident who bought a Delorean from B.C. is no doubt wishing he could go back to the future after he shipped the vehicle to Britain but found out it didn't work properly.
According to a March 24 B.C. Civil Resolution Tribunal decision, Brit Paul Feagan purchased the iconic vehicle after seeing an ad on Facebook for a Delorean for sale in B.C.
Feagan contacted B.C. car dealership Kawen Holdings and asked about having the car shipped to the U.K.
The dealership's owner Benjamin Coyle said he was selling the vehicle on behalf of a friend’s widow but could act as a broker for the deal.
The two parties discussed the sale and Feagan asked about getting some minor issues fixed on the Delorean as part of the sale.
The sale went ahead for an undisclosed amount and the Delorean was shipped to the U.K.
However, when Feagan received the car he had to pay for repairs to bring it to running condition.
He then launched a case in the B.C. online small claims court for $4,097, the amount the repairs had cost.
Feagan argued Coyle negligently misrepresented the vehicle's condition.
However, the Tribunal disagreed.
Coyle argued his dealership didn't sell the vehicle and he'd only acted as a broker and sold it for a friend. He submitted evidence that clarified the dealership was not involved in the sale other than being a broker.
He also submitted a receipt for the sale which had no mention of the company's name.
Feagan disagreed arguing he'd paid Kawen Holdings so he had a contract with them.
READ MORE: Okanagan man who 'misrepresented' condition of used car loses in court
The Tribunal didn't see it that way.
"Kawen (Holdings) explicitly told Mr. Feagan that it was only accepting money on behalf of (the seller) and would then forward her the sale proceeds," the tribunal ruled. "Mr. Feagan did not provide any other evidence to support his allegation that his contract was with Kawen (Holdings), such as a copy of the advertisement."
The tribunal pointed to more evidence of this.
"I find the evidence is clear that Mr. Coyle told Mr. Feagan that the dealership was not a party to the sale. Mr. Coyle said it was selling the car on behalf of someone else," the tribunal ruled.
The tribunal ruled it didn't need to make a ruling about a breach of contract because the dealership wasn't liable under the contract for the Delorean in the first place.
The tribunal also dismissed Feagan's argument about negligent misrepresentation saying that he'd provided no evidence that the Delorean was sold to him as running and driving.
READ MORE: B.C. man whose car ad read 'no leaks' loses in court over oil leak
Ultimately, his claim was dismissed.
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