A B.C. man has lost a small claims action where he sought reimbursement for repairs to a DeLorean sports car he bought but claimed needed work to put it in running condition.
A March 24 B.C. Civil Resolution Tribunal decision said, after seeing an ad on Facebook, Paul Feagan bought the sleek vehicle from L.A., who was not a party to this dispute.
The respondent in the suit was Kawen Holdings Ltd., which operates a car dealership.
Tribunal member Christopher Rivers said Kawen owner Benjamin Coyle communicated with Feagan about the potential sale, and then used Kawen’s resources to help facilitate it.
Feagan said the vehicle was sold to him as working, but when he received it, he had to pay for repairs to bring it to running condition. Feagan said his contract was with Kawen, and Kawen should reimburse him for the $4,097 bill of repairs.
Kawen, however, said it did not have a contract with Feagan, as it only acted as an agent for L.A. It asked for Feagan’s claim to be dismissed.
But, said, Rivers, “Mr. Feagan did not have a contract with Kawen. Further, I find Mr. Feagan has not proven Kawen negligently misrepresented the DeLorean’s condition.”
The reason for that finding, Rivers explained, was that Feagan didn’t provide any copy of any advertisement making that claim in support his allegation.
“He also did not say who represented to him that the car was running and driving, when it was said, or any additional contextual information,” Rivers said. “I find he has not proven Kawen made a misrepresentation, and so has not proved his claim.”
