A B.C. woman who discovered there were dead rodents – along with a number of nests and a large amount of mouse feces – in the used car she purchased must be reimbursed for the cost of cleaning up the “significant infestation,” the province’s civil resolution tribunal has ruled.
The dispute dates back to 2023, when Alanna Ewing bought a 2011 Ford Fiesta from Albert Abrahamson, according to the decision, which was posted online Wednesday.
After buying the car, Ewing took it to be cleaned and was told by a worker at a local auto detailing business that it was “out of his league,” according to the decision.
She was referred to another business, operated by Curtis Studer who provided a report to the tribunal that was accepted as “expert opinion evidence,” the decision said. Studer’s report characterized the infestation as “severe” and opined that it likely pre-dated the car’s sale.
“Mr. Studer found mouse feces in multiple areas, including under the seat, in the glove compartment, and in the spare tire compartment. Mr. Studer also found mouse nest remnants in the spare tire compartment, seat belt pillars, headliner, quarter panels, and within the centre console,” the decision said, summarizing the findings of the report, which also noted that three carcasses were found and removed.
Ewing paid $2,564.80 to have the car cleaned and repaired and argued that Abramson should have to bear the cost because he knew about the infestation but did not disclose it.
Abramson, for his part, argued he sold her the car on an “as is where is” basis and that he was therefore not responsible for any problems that arose after its purchase.
Tribunal member Jeffrey Drozdiak explained that the rule when buying a used car is generally “buyer beware” – with some exceptions.
One exception is in cases where a vehicle has a “latent defect” which the decision explained is something that can’t be “discovered by reasonable inspection.” A seller can not be held liable if the defect is something that the buyer could have or ought to have been able to discover – even if the buyer made an attempt to conceal it.
In this case, Ewing told the tribunal that she noticed a “very bad smell” and the expert witness said there was feces in the glove compartment and under the seat. So, the tribunal determined that the infestation was something Ewing could have discovered upon inspection.
However, Drozdniak also noted that when the used car was sold there was an “implied warranty” which meant it was “roadworthy and could be safely driven.” Given there was no evidence that Ewing explicitly agreed to waive the implied warranty, the tribunal found it was a term of the sales contract.
“I find the car was not safe to drive when Ms. Ewing bought it, and Mr. Abrahamson breached the implied warranty,” Drozdniak wrote, before ordering Abramson to pay Ewing the full cost of the cleaning and repairs.
