A used car buyer in B.C. decided to take legal action when she made a horrifying discovery after buying a Ford Fiesta.
Alanna Ewing bought the Fiesta from Albert Abrahamson and claimed that Abrahamson knew about a mouse infestation in the vehicle that was later discovered.
Ewing claimed $2,564.80, which was the cost to clean the vehicle. In defence, Abrahamson said the car was sold “as is where is” and denied cleaning the car to hide the infestation. Ewing’s case included an expert opinion from an employee of an auto-cleaning company.
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Ewing contacted Abrahamson via AutoTrader.ca about buying a 2011 Ford Fiesta. She purchased the car on July 12, 2023, for $5,995. Before the purchase, she was informed that the vehicle was in good condition, except for a cracked windshield and broken tire. The seller said there would be no other costs besides a “good clean.”
She took it to a detailing shop a couple of days later, after which the shop called her to inform her of the “significant” mouse infestation. The detailer also said the cleanup was “out of his league.”
Ewing was referred to another car expert, who cleaned the car and gave Ewing an invoice for $2,564.80.
The BC Civil Resolution Tribunal decision states that regarding used car sales, there’s a general rule of “buyer beware.”
“This means that a buyer is not entitled to damages, such as cleaning costs, just because the buyer discovers a problem with the vehicle shortly after the sale,” it adds.
Mouse feces and nests were discovered throughout the car, which the expert called a “severe” infestation.
To show that this “buyer beware” rule didn’t apply, Ewing had to prove that the seller was fraudulent or negligently misrepresented the vehicle. The tribunal suggested that Ewing should’ve been able to detect the mouse infestation when she inspected the Fiesta. Ewing admitted noticing a “very bad smell” inside the vehicle.
Despite that, the tribunal determined that Abrahamson breached the implied warranty under the Sale of Goods Act.
In the case of the mouse-infested used car sale, the B.C. tribunal ordered Abrahamson to pay Ewing $2,564.80 within 15 days of the decision.