Car dealer purchase problem, I called OMVIC - Canada

[milek]

First I want to apologize since I am not from USA. I am from Canada (Ottawa). Reason I am using this forum is that I couldn’t find this kind of forum to deal with “Canadian problems”. I just need advice since in my opinion this is just matter of principles and case would be treated similar in either country.
Last year (July) I went to buy car at dealer (wife is witness) to different city (from Ottawa to Toronto). He stated that car wasn’t involved in any accident. I left deposit 1500 CAD, signed bill of sale and went home. Also made stupid thing agreeing with him that I will pay 5000 in cash and rest as certified check (not by law – found later (I am in Canada only 4 years). Bill was signed stating amount of 12000 CAD. On our way home wife told me that he did not disclosed copy of bill of sale. Called tomorrow and asked him to fax me bill of sale. Also told him that I called Warranty Company (he was selling their warranty) and warranty is not what I expected. He didn’t want to send fax asking me to come to close a deal. I got suspicious and told him that if he does not fax bill I want to cancel deal and want deposit back. He didn’t want to return deposit so I called OMVIC (The Ontario Motor Vehicle Industry Council) and reported my case. They called him to show them bill of sale (on my request) and indeed he showed it. When I asked OMVIC to fax me that copy I found out that bill of sale was illegal (counterfeit) since he changed amount and added sentence that I agree to buy car involved in an accident and that I agree that deposit is not refundable. Still my signature looks original. My question is: what are my chances in court. I just want my deposit back.
Thank you for your time!

[Unregistered]

Re: Car dealer purchase problem, I called OMVIC - Canada

I know this is old but I had almost the same issue this week. I did go to court and did prevail. Just have all your facts organized and show the fraud that occurred, and you will prevail. That's what I learned.

[Unregistered]

Re: Car dealer purchase problem, I called OMVIC - Canada

Both posts are old now but obviously still getting hits, if no replies. The dealer would likely have to cough up the money but the buyer would still have to sue if the dealer is unresponsive to prompting by the regulator (in this case Ontario's provincial car dealer reglator, OMVIC). Most consumer regulatory bodies cant act as a court and order a settlement although they may choose to punish the offending business if the business has broken the law. Getting compensation and the meting out of punishment are separate matters usually. The consumer has to prove his case before a judge, just like any other contractual dispute. In Ontario however, if the dealer fails to pay the judgement, the consuemr can bring the unsatisfied judgement to OMVIC who will pay and then go ater the dealer.