What is the test for buyer beware?

Ontario, Canada


The following excerpt is from Arjomandi v. Singh and BMW Canada, 2010 ONSC 5664 (CanLII):

In Sandy v. Ghotra, 2008 CarswellOnt 4485, the plaintiff bought a vehicle from the defendant “without really knowing its ‘true condition.’” There is no mention of what was said between the plaintiff and the defendant before the sale. The vehicle was a “nightmare”. Here, Klein D.J. of the Ontario Superior Court of Justice found simply that: There is no doubt that the plaintiff was sold a defective vehicle and I have little doubt that the ‘vendor’ knew that what he was selling was not at all in good condition. Further, the plaintiff was the victim of a scandalous act by an unscrupulous “vendor.” … The plaintiff is one of thousands of people who each year fall prey to nasty vultures in wait, within the used car industry. Sadly, the plaintiff purchased the vehicle without really checking it out. This is no doubt why people are told to buy used vehicles from reputable dealers. Otherwise, buyer beware! (para. 13)

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