"If it is over 30 days since purchase the seller has the right to choose whether to repair it or refund you (including deductions for use).
That is the simple fact of the matter."
Yes, sort of. The remedies at s.23 CRA 2015 (worth the OP reading) are repair, replace or refund.
the seller has one opportunity to repair so as to bring the car up to 'satisfacory quality'. If that is not practicable, he can replace it with an acceptable alternative. If that is not possible or practicable he must refund. Note that this must be done at no cost to the buyer (including transport costs) and at no significant inconvenience. This indicates that a courtesy/rental vehicle should be provided until the issue is resolved. I would suggest that the cost of this might indicate that it would make financial sense for some sellers to offer a refund without hanging around too much.
Re deductions for use - these must be reasonable, and I would suggest that an amount similar to the excess mileage charge under a PCP would be a good indicator.
|