Kamloops dealership on the hook for $5,000 for selling modified truck
A Kamloops dealership is on the hook for $5,000 after it sold a customer a $78,000 modified truck that was illegal to drive.
According to a June 15 BC Civil Resolution Tribunal decision, customer Megan Marie Crosby bought the 2018 Dodge Ram 3500 from Zimmer Wheaton GMC Buick in the summer of 2021 and began making $488 biweekly payments for it.
Zimmer Wheaton told Crosby there were several after-market modifications to the truck, but it was road legal.
However, almost a year after driving the truck, the RCMP told Crosby that the truck was illegal to drive because it had been altered and that it needed an authorized safety inspection.
The decision said "after some investigation" the dealership and Crosby "discovered" the truck’s prior owner was supposed to have the truck inspected shortly before Crosby bought it.
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"Zimmer Wheaton says it was unaware of this required inspection when it sold the truck to Ms. Crosby," the decision read. "However, Ms. Crosby says Zimmer Wheaton should have known about the required inspection and the fact the truck would fail due to the modifications because Zimmer Wheaton is in the business of buying and selling cars."
The dealership then had the truck towed to a garage and paid more than $17,000 to have the Dodge Ram brought into compliance with the law.
However, the truck was off the road for five months from June to October while the work was being done.
Cosby said her partner lost his job at this time and couldn't find a new one due to his lack of transportation by not having the truck to drive. She also said her family had to cancel vacations that summer because they required the truck’s use.
Crosby argued she shouldn't have had to make her loan payments while the truck was being repaired, which cost her $4,888.
"She says she would not have purchased the truck had she known it was not suitable for transportation," the decision said.
However, Zimmer Wheaton argued it had already paid more than $17,000 to fix the truck and delays came from supply chain issues which were out of its control. The decision also noted that Crosby had the truck during this period.
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At some point, Crosby took the dealership to online small claims court.
Crosby put forward evidence from the Vehicle Sales Authority of BC saying because Zimmer Wheaton knew about the truck’s modifications, it would have known that the modified truck would not pass inspection.
The Tribunal ruled that Zimmer Wheaton had breached the Sale of Goods Act because the Dodge Ram wasn't "reasonably fit" for its purpose as a vehicle.
"The question is how much of a price reduction is appropriate here," the Tribunal said.
The Tribunal noted that Zimmer Wheaton chose not to provide any documentary evidence, "despite having the opportunity to do so." It also noted that while Crosby said not having the truck on the road cost her money she didn't claim any compensation for those losses, or provide any documentary evidence.
The Tribunal calculated that the $4,888 that Crosby claimed to cover her loan payments while she could not use the truck for five months was approximately six per cent of the truck’s purchase price.
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"On a judgment basis, I find this is reasonable in the circumstances," the Tribunal ruled.
Ultimately, the Tribunal ordered Zimmer Wheaton to pay Crosby $5,179 including interest and fees.
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