Used car sale in BC goes awry leading to legal fight from buyer

Feb 18 2025, 6:57 pm

Buying anything used directly from the owner can be challenging, but a used car purchase in BC proved particularly stressful for one interested car buyer.

David Quamina was the interested buyer who paid a $500 deposit for the used vehicle.

Quamina claimed that Nicole Walker sold the car to a third party and asked the BC Civil Resolution Tribunal to order Walker to pay him back.

In total, Quamina asked for $950 in damages, which included the deposit, travel expenses, and a trailer rental he intended to use to pick up the used vehicle. In her defence, Walker said that the deposit was non-refundable and that Quamina took too long to pick up the car.

The car in question was a 1982 Volkswagen Rabbit, and Quamina saw a listing for it on Facebook Marketplace. It was asking for just $875. The Facebook post added that the car wasn’t starting and was more of a “tow-away.”

Walker’s friend, D, responded to messages and fielded questions about the car.

On August 8, 2023, Quamina offered to send a $500 deposit to confirm the sale, and D agreed.

Quamina couldn’t get to the car until a week later due to his own car troubles. When Quamina arrived with a tow dolly, he noticed several logistical issues.

First, the car was blocked by other vehicles. Second, there was no documentation for him to sign besides the transfer form. Lastly, the tires had rotted, which would’ve prevented it from being towed. Quamina said he wasn’t interested. On August 20, however, he messaged again to ask if the car was still available. Thankfully for Quamina, it was.

On September 1, Quamina attempted to make further arrangements to grab the car, but Walker told him it was no longer available.

“She says she sold the car for $50 to a scrap car removal company because her storage insurance had expired, and she was worried about getting more tickets,” the tribunal decision states.

The tribunal member overseeing the case said, “I find that the respondent breached the contract by failing to hold the car for the applicant.”

For damages, Walker was ordered to pay Quamina $650, which included the $500 deposit and $150 in tribunal fees.

Have you run into issues buying or selling a used car in BC? Let us know in the comments.

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