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Wholesale disclosure · 6 questionsFree set
Question 1 of 6 ·Wholesale disclosure
Who must a dealer give the prescribed written disclosures to?
Motor Vehicle Dealers Act, 2002 · reproduced on this site
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(1)Motor vehicle dealers shall disclose in writing to customers and to motor vehicle dealers such information as may be prescribed and shall make the disclosure at such time as may be prescribed. 2002, c. 30, Sched. B, s. 30 (1).
Section 30(1) of the MVDA requires written disclosure of prescribed information to both customers and other motor vehicle dealers, with the timing also prescribed. The wholesale disclosure list in O. Reg. 332/08 s. 5 flows from this hook. Chapter 7 covers wholesale disclosure between dealers.
Question 2 of 6 ·Wholesale disclosure
A dealer sells on a car with $1,200 of fire damage to its wiring. Must it disclose that?
Item 6 of section 5 requires disclosure of any damage caused by fire, with no dollar threshold. The $3,000 threshold belongs to item 16 (incident damage) and does not apply to fire damage. Chapter 7 covers wholesale disclosure between dealers.
Question 3 of 6 ·Wholesale disclosure
Where a scrap buyer wrecks four cars and resells the fifth whole, the wrecking exemption still covers the buyer.
The wrecking exemption in paragraph 2 of subsection 2(1) of O. Reg. 333/08 holds only if, after buying the vehicles, the person wrecks or dismantles them in accordance with the Highway Traffic Act and does not trade in the vehicles, so reselling one of them whole breaks the condition and the exemption does not cover the buyer.
Question 4 of 6 ·Wholesale disclosure
When must a dealer report that a car bought at a wholesale auction is salvage?
O. Reg. 376/02 under the HTA · reproduced on this site
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(3)If a person described in paragraph 2 of subsection (1) determines that a vehicle is irreparable or salvage, that person shall so notify the Registrar under subsection 199.1 (5) of the Act within six days after acquiring ownership of the vehicle. O. Reg. 376/02, s. 4 (3).
Subsection 4(3) of O. Reg. 376/02 gives a person who deals in used vehicles six days after acquiring ownership to notify the Registrar once that person determines the vehicle is irreparable or salvage, so the clock runs from the acquisition of ownership rather than from the incident or from the day the inspection was done.
Question 5 of 6 ·Wholesale disclosure
Which odometer condition needs a statement of its own on a wholesale sale to another dealer?
Item 4 of section 5 requires a statement where the odometer is broken or faulty, has been replaced, has been rolled back or is in miles, so a reading in miles needs the statement even though the reading itself is accurate. Chapter 7 covers wholesale disclosure between dealers.
Question 6 of 6 ·Wholesale disclosure
Gathering a vehicle's history can wait until a retail customer asks to see it.
A dealer has to collect and record a vehicle's history when the vehicle comes in, because the disclosure owed to a retail buyer later is built out of what the earlier paperwork captured. 7.02 sets that order out.
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