“White knight” squashes lemon of a car deal
Kelowna Capital News, Oct. 11, 2009
Have I got a story for you.
There’s a used car dealership in Richmond called Daewoo Richmond. It sold a used Audi to a fellow named Clarence in January 2006 for a little more than $25,000. The Audi had over 82,000 kilometres on it.
Clarence arranged to have the Audi inspected but was told by the sales agent the car had already been inspected by Daewoo’s agent and so another inspection wasn’t necessary. Clarence wouldn’t have been concerned, though. The Daewoo web site indicated that all its cars come with a seven-month powertrain warranty. He signed the fine-print sales contract and off he went.
As luck would have it, the engine had to be replaced five months later. Clarence requested the warranty be honoured. There was no response. He ended up paying approximately $13,500 to repair the vehicle.
It turns out the fine print on the purchase contract Clarence signed said there was no warranty. How sleazy is that? Have a web site saying every car comes with a warranty, then stick fine print in the contract saying there is no warranty.
Well, Clarence found the right lawyer to take his case and that lawyer happens to be one of the best trial lawyers around. Add the fact that he’s a former Vancouver police officer and you’ve got one hell of a white knight in pursuit of justice. His name is John Cameron.
The case went to trial this past summer, more than 3 1/2 years after Clarence bought the Audi. The court judgment was issued Sept. 30.
The contractual claim for breach of warranty was abandoned. Gotta hate that fine print. The case wasn’t dismissed, though The judge found there was fraudulent misrepresentation on the part of Daewoo by advertising a warranty that didn’t exist.
Clarence wasn’t just awarded damages of the $13,500.00 repair expense. Daewoo was ordered to purchase the car back from Clarence at the full original purchase price plus the $13,500.00 repairs, plus other odds and ends for a total judgment of $39,933.91 plus costs.
My heart just about jumped out of my chest when I read the judgment. Imagine, instead of being stuck with a $13,500.00 bill, Clarence got to drive the car for 3 1/2 years for free and Daewoo has to buy the car back at full price plus repair expenses.
John Cameron is one hell of a lawyer and I salute him for seeing that justice was done.
Edited for brevity. For the full text of the story, click the link below.