When I purchased a truck the seller did not notify me that it had a rebuild status and he did not write "R" (for rebuilt) in the appropriate section of the APV9T transfer paper. He lied to me and did not disclose information that he was obligated to disclose.
Transfer Paper Status Declaration
False Statements
69 (1) A person commits an offence if the person does any of the following:
(a) makes a false statement in
(iv) a notice of transfer of a motor vehicle or trailer,
Now that I realize the truck was rebuilt, so far it's impossible to sell - because I bought rebuild and wasn't told about it.
I'm not interested in suing the seller; is there anything that I can do recoup the money that will be lost when I eventually sell it for FAR less than what I paid?
Other than the additional kilometres, the initial condition is relatively the same as it is now.
Answer
In my experience, very few people take the time to fill out the APV9T completely let alone complete a vehicle transfer correctly without coaching from their Autoplan Agent. In most cases all goes well after the fact, but your instance is not one of them.
Due Diligence
Did you look carefully at the transfer paper and the registration / insurance documents when you were making the purchase? They specify if the vehicle was rebuilt or not.
In the bottom right of the APV250 form there is a vehicle status line that will say rebuilt if it was registered properly after rebuilding. ICBC says that this portion of the form was supposed to be handed to you as part of the transfer.
Prosecution Under Section 69
To successfully prosecute under this section it would have to be shown that the person that you bought the truck from wilfully made the false statement.
False Statement or Deliberate Omission?
The difficulty here is the blank on the transfer paper not being filled in. This may be a fraud by omission rather than making false statement. Unfortunately, this is not something normally dealt with in traffic enforcement so I don't know the answer. Consulting legal counsel would be appropriate.
Compensation
Unfortunately, the only way I can see you getting any compensation for this is to deal with the seller via Small Claims BC or the Civil Resolution Tribunal.
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