When Yenene Carey bought a used car for the first time last month, it didn't turn out to be a lemon but she definitely can't drive it either.
The grey 2010 Honda Civic she said she bought for $4,500 is being blocked by Quebec's automobile insurance board, the SAAQ, which told her the car is still registered in the previous owner's name with a large amount of unpaid traffic fines.
The SAAQ didn't tell her the amount of fines that are on the file, but said she was told by an official that "it is enough to block all transactions" with the car.
Carey said she bought the vehicle at a used car dealership in Laval on June 5 after responding to an ad on Facebook Marketplace.
The business owner is refusing to give her a refund because he said it was one of his employees who sold it to her privately and that he is not responsible.
On paper, that's not quite the case.
The Attestation de transaction avec un commerçant, or merchant transaction certificate in English, that she signed when purchasing the car lists the dealership, Auto MM 2016 Inc., as the seller and includes the signature of the employee who made the sale.
"His actual business is on the receipt. It's not an independent sale with just the seller — the person that sold us the car's name — it's his company name, but he's not taking any responsibility at all," Carey said in an interview.
She claimed the seller also put a lower sale price on the document than what she actually paid.
Unable to transfer the registration at the SAAQ, she said she went back to the dealer. She said she was given two options: wait 10 more days to see if they can reach the previous owner's family to have them pay the outstanding fines or wait for the salesman to sell another car so that he can issue her a refund.
'IN THESE TIMES, $4,500 IS A LOT TO LOSE'
More than a month after buying the car, the matter is still unresolved and she said the salesperson is refusing to give her her money back. In the meantime, the Honda she paid for is sitting at the dealership but she is holding onto the keys as insurance until she gets her money back.
"It's extremely draining and we have no car. We are borrowing my mom's and then using one of our older cars to get around, but we're a family of five now, and my husband works in Toronto. So, it was difficult to only have one car. And we did explain that to them as well, and he didn't seem to care," she said.
She is sharing her ordeal as a cautionary tale for others about buying used cars.
"It's an experience that I definitely wouldn't want anyone to experience and go through," she said. "And in these times, $4,500 is a lot to lose."
When reached by CTV News on the phone last Thursday, a man who identified himself as the owner of the dealership said the car was not under his name and that the transaction certificate is inaccurate.
A copy of the registration certificate, a copy of which Carey shared with CTV News, supports his claim. The document lists someone with the same last name as the person who sold Carey the car.
"The car, it's not my car. The car is not under the name of the company," the owner said.
When asked about Carey's request for a refund, he said to call the employee who made the sale. "Stop calling me," he added before hanging up the phone.
The salesperson, who identified himself as Joël, declined to answer questions from CTV News before hanging up the phone.
BUYERS HAVE RIGHTS: CONSUMER PROTECTION OFFICE
The SAAQ said the presence of unpaid fines can prevent the transfer of a car to a new buyer and that it is the responsibility of a dealer to check whether the seller has a right to sell the car to avoid situations like these.
Those checks, the agency said, can be done for free online or on the phone.
"It is the dealer who is responsible for the vehicle, since he is the one who acquired it," wrote SAAQ spokesperson Gino Desrosiers said in a statement to CTV News.
Quebec's consumer protection agency said customers have rights when purchasing a vehicle from a seller.
"A consumer who has purchased a vehicle from a dealer has the right to expect to be able to use the vehicle, and therefore first to be able to register it as the new owner," wrote Charles Tanguay, a spokesperson for the Office de la protection du consommateur, in an email.
"If registration is not possible, the consumer can demand cancellation of the sale and reimbursement. The consumer may also claim damages for any harm caused by the situation."
Carey, still hanging onto the keys to the car she can't drive, said she is considering taking legal action.
