Does the principle of “buyer beware” apply to a private used vehicle sale?

19. Apart from misrepresentation that I discuss below, the principle of ‘buyer beware’ largely applies to a private used vehicle sale. It means that the buyer assumes the risk that the purchased vehicle might be either defective or unsuitable to their needs (Rusak v. Henneken [1986] B.C.J. No. 3072 (S.C.) at paragraphs 17-18).

20. However, in British Columbia the ‘buyer beware’ principle is limited by the warranties set out in section 18 of the Sale of Goods Act (SGA). Section 18(c) applies to private sales like this one and requires that the goods sold be durable for a reasonable period with normal use, considering the sale’s surrounding circumstances. Whether or not the vehicle was reasonably durable as required by the SGA involves an assessment of the facts in context to determine what is reasonably durable in the circumstances (Drover v. West Country Auto Sales Inc., 2004 BCPC 454).