Automotive Clearance Depot, Etobicoke, ON - was sold a 1998 Honda CRV that was previously involved in a significant auto accident

# 16 for July 15, 2003

Complaints.com received the following on July 14, 2003:

From:

RE: Automotive Clearance Depot, Etobicoke, ON - was sold a 1998 Honda CRV that was previously involved in a significant auto accident

Hello,

Please view my complaint below. Company

Automotive Clearance Depot

1057 Martin Grove Road

Etobicoke, ON M9W 4W6

www.acdauto.com

Manager: David Novello Complaint:

On August 15, 2002, I purchased a 1998 Honda CRV, VIN#JHLRD185XWC804723 from ACD at a cost of $21, 299.98. Before I entered into the agreement, ACD made a representation, which, in my opinion, was an "unfair practice" under the Business Practices Act. I was told that the vehicle had been free from any serious motor vehicle accidents. Due to some needed repair work due to poor performance, a registered mechanic examined the vehicle. His analysis demonstrated that the vehicle’s performance problems were due to a major motor vehicle accident. Evidence showed that major reconstructive work was done on the car to hide the damages. This non-disclosure is in direct violation of clause (xiii) under section 2 of the Business Practices Act. On June 23, 2003, I sent a letter by courier regarding my complaint. After re-examining the vehicle, they admitted to the accident. However, their offer to resolve the issue is not fair. Their offer is to fix the transmission, or "buy back" the vehicle at wholesale value of $11, 000, which would leave me with an $8, 000 loan to pay off. Settlement Desired:

Under the Business Practise Act, I know I only have 6 months to completely rescind an agreement. Since I did not discover these problems until 10 months after the contract, I think it would be fair that I be given back the balance of my loan (from the date I sent the complaint letter) and repairs costs incurred due to major mechanical problems. This would amount to approx $19, 000. 00.