Purchased automobilePreparing a written contract

The Consumer Protection Act does not regulate transactions between 2 individuals. As such, the Office de la protection du consommateur gives you advice but cannot provide you with a model of a written contract. For any assistance in this regard, we recommend you seek legal counsel. 

To protect yourself against problems after making a purchase, write down all the details of the transaction in a contract. This contract is not mandatory, but it can be helpful in the event a problem should arise.

If you give the vendor a deposit, be sure to get a receipt or a copy of the contract indicating the amount paid at the time of this payment.

Important information to include in the contract

Make sure to have the following information in a written document:

• the vendor’s contact information;
• your contact information;
• the date the contract was signed;
• the details of the vehicle sold (make, model, year, kilometrage, prior use, condition of the body and mechanical components, additional equipment, warranty details, etc.);
• the amount of the deposit paid;
• the total amount of the transaction.

Vehicles "sold as is"

Be wary of phrases such as "vehicle sold at the buyer’s risk", "vehicle sold with no warranty" or "vehicle sold as is". They can mean that you waive your claim to compensation from the vendor if a problem, such as a hidden defect, should arise.

A hidden defect is a significant problem that, had you been aware of it before making the purchase, you would:

• not have acquired the vehicle; or
• have paid a lower price.

A hidden defect is present before the sale, but cannot be detected by a consumer who carefully examines the goods.