A Vernon man's claim for damages from a Burns Lake couple who sold him a van that turned out to be in need of extensive repairs has been dismissed by a Prince George provincial court judge.
In a decision issued Friday, judge Michael Brecknell found the principle of buyer beware applies in the case of Winfield Schafer, who in October 2012 bought a 2010 Chevrolet Express eight-passenger all-wheel drive van from Derek and Jennifer Blackwell.
The Blackwells had purchased the van at an auction in Prince George for $14,924, but after finding it was too large for their needs, they put it up for sale three days later, asking for $18,900 through an online classified advertisement site.
Two days later, Schafer contacted the Blackwells. He had been looking for a van of that type for over two years to haul construction materials, boats, ATVs and snowmobiles, He described the model as rare because General Motors made them and only in limited numbers.
They arranged to meet at an insurance agency in Prince George two days later. The Blackwells drove the van out from Burns Lake, a 225 kilometre trip, while Schafer, flew into Prince George.
Schafer agreed on $18,000 plus $2,160 in taxes for a total of $20,160 and after each of the party's signed a bill of sale, he drove the van back to Vernon.
However, as soon as he brought the van up to highway speed, he noticed vibration and a thrumming noise and stayed below the speed limit for the rest of the trip.
The next morning, Schafer spent five hours power washing dirt from the underside. He then found extensive damage, including bent cross frame members, as well as damaged or destroyed transmission and electrical components.
Schafer ended up filing a notice of claim for $6,171 in damages for repairs to the van plus filing and service fees and later raised the amount to $12,076.
But Brecknell found Schafer's financial loss was "a consequence of his own failure to properly inspect the van himself, or to have it inspected by a qualified mechanic prior to deciding to complete the purchase."
Schafer said he decided not to find a mechanic to inspect the vehicle because the Blackwells seemed trustworthy and assumed that as a logger and hunting guide, Derek Blackwell knew something about vehicles. Schafer also said he was recovering from the recent loss of his wife and did not want to remain in Prince George overnight and find a mechanic the next day.
Brecknell said it was reasonable to conclude that Blackwells' statements that the van was in good shape were "honestly-held opinions of vehicle owners who knew very little about the van they were driving."
And while Schafer argued the Blackwells did not live up to the standards set out in the Sale of Goods Act and the Business Practices and Consumer Protection Act, Brecknell said that did not apply because the Blackwells were not in the business of selling used vehicles.
The Blackwells did not owe Schafer a duty of care, Brecknell said.
Schafer "had the opportunity to insist on a pre-sale inspection of the van but for his own reasons chose not to do so," Brecknell said. "As such the principle of caveat emptor [let the buyer beware] applies in the circumstances of this case."
