Complaints Process

What is a vehicle lien?

A vehicle lien is a claim or legal right against the vehicle. The lien represents an amount owing to either a finance company or related to unpaid repairs against the vehicle. If the payments associated with the vehicle loan or repair are not made, the creditor or repairer may be able to seize the asset that is the subject of the lien.

As a car buyer, if you are financing or leasing a vehicle, it’s likely that there is a lien attached to it. Once the loan is paid off, the lien is discharged and removed.

If you trade in a vehicle with a lien on it and the dealer agrees to pay it out, it is the dealer’s responsibility to ensure the lien is immediately and fully paid. Follow up with the lender to ensure the dealer has paid it out. If they haven’t, contact your dealer.

The same advice is given if the vehicle you have purchased has a lien on it from a prior owner. This shouldn’t happen. It is the dealer’s responsibility to ensure the car is free and clear of all liens. Contact the dealer and ask them to rectify the situation. If the dealer is unresponsive or fails to appropriately address the situation, follow the steps in our complaint process below to get things moving in the right direction.

You should have your vehicle in your possession by the time payments are being withdrawn. If not, you will want to get in touch with the dealer right away.

There may be a legitimate reason for the delayed delivery, but the dealer should be upfront about the expected timeframe and do what they can to assist with what would be considered a premature payment.

If the dealer is unresponsive or fails to appropriately address the situation, follow the steps in our complaint process below to get things moving in the right direction.

Car buyers who leave their vehicles on consignment with a registered dealer are entitled to receive a written agreement which includes the amount you will receive for the vehicle, what the dealer will charge you for selling the vehicle and any additional costs you must pay.

The dealer should advise you immediately when the vehicle is sold. You are also entitled to receive the name and address of the final purchaser. If you have concerns about a vehicle you’ve consigned which you cannot resolve with the dealer, follow the steps in our complaint process below to get things moving in the right direction.

If you have purchased a third-party extended warranty from a dealer, contact the warranty company to ensure your warranty is activated. If not, contact your dealer to arrange to have the warranty activated.

If the dealer does not resolve the matter, contact OMVIC. Provided your transaction is with an OMVIC-registered dealer, we may recommend you make a claim to the MVDCF for the cost of repairs which should have been covered by the extended warranty and/or a refund of the money you paid for the extended warranty or a portion of same.

In Ontario there is no cooling-off period when it comes to buying or leasing a car. Sales are final once contracts are signed unless the dealer has failed to make certain specified disclosures.

The allows you to cancel a contract within 90 days of delivery of a vehicle if the dealer and contract fails, or fails to disclose in a timely way any of the following:

1. The previous use of the vehicle as a taxi or limo.
2. The previous use of the vehicle as a police or emergency service vehicle.
3. The previous use of the vehicle as a daily rental (unless the vehicle has subsequently been owned by someone other than a dealer).
4. The make, model, and model year of the vehicle.
5. That a vehicle has been branded (irreparable, salvage or rebuilt), and how last classified.
6. The actual distance the vehicle has travelled. When that cannot be determined, a dealer must make the appropriate disclosure statement.

For used vehicles only, a margin of error is allowed to the dealer when they determine the total distance driven, or, when they cannot determine the total distance driven, but can determine the distance driven as of some past date.

The disclosure of distance made by the dealer is deemed to be accurate if it is within the lesser of five per cent or 1,000 kilometers of the correct distance required to be disclosed. This does not apply to new vehicles.

Car buyers who are eligible to cancel a contract due to the failure of a dealer to make one of the required disclosures under the MVDA should send a letter to the dealership informing them of the intention to cancel the agreement. We recommend sending the letter in a manner that provides proof of delivery.

Section 6 of the MVDA requires dealers and salespeople to conduct business activity with honesty, integrity, financial responsibility, and in accordance with the law.

If you’ve been successful in obtaining a judgement against a dealership, it’s expected that the dealership will fulfill that judgement within the required timeframe. If they refuse or fail to do so, follow the steps in our complaint process below to get things moving in the right direction.

If your vehicle has been seized by law enforcement as a result of it, or parts of it, being deemed stolen property, be sure to collect information and details from the police related to its seizure.  If this happens, please contact OMVIC.  There may be remedies regardless of whether the dealer knowingly, or unknowingly, sold a vehicle that was subject to seizure.

A disclosure is a fact or detail about the past use, history, or condition of a motor vehicle which, in some specific instances, dealers and salespeople are required by law, to provide to car-buyers.

Dealers aren’t required to provide a consumer with a or a vehicle history report. However, disclosures must be included as written statements in a vehicle contract and there are 22 that must be made known as outlined in the MVDA.

What are the 22 disclosures that dealers and salespeople must make, when applicable?

1. The make, model, trim level, and model year of the vehicle.
2. If the vehicle has been used as a taxi, limousine, police or emergency vehicle.
3. If the vehicle has been leased (rented) on a daily basis and has not been subsequently owned by someone other than a dealer.
4. If any collision or incident damage to the vehicle was greater than $3,000 (and the total cost of repair if known by the dealer).
5. If the vehicle has been classified under the Highway Traffic Act as irreparable, salvage or rebuilt, or was declared a total loss by an insurer.
6. If the vehicle has two or more adjacent panels that are not bumper panels that have been replaced.
7. If the manufacturer’s warranty on the vehicle has been cancelled.
8. If the vehicle has sustained any damage caused by fire.
9. If the vehicle has sustained any damage caused by immersion in liquid that has penetrated to the level of at least the interior floorboards.
10. If there has been structural damage or if the vehicle has had repairs, replacements, or alterations to the structure of the vehicle.
11. If the vehicle has an anti-lock braking system that is not operational.
12. If any of the vehicle’s airbags are missing or not operational.
13. If the vehicle requires repair to any of the following:
    1. Engine, transmission, or power train.
    2. Subframe or suspension.
    3. Computer equipment.
    4. Electrical system.
    5. Fuel operation system.
    6. Air conditioning.
14. If the contract is for the sale or lease of a specifically identified new motor vehicle (for example, VIN is known, in stock, ), the maximum distance that will be shown on the odometer at time of delivery.
15. If the contract does not specifically identify a new vehicle (for example, a vehicle which must be located, VIN unknown), the maximum distance that will be shown on the odometer at the time of delivery or a statement initialed by the buyer that there is no maximum.
16. If the contract is for the sale or lease of a used vehicle:
    1. The total distance driven.
    2. If the dealer cannot determine the total distance the vehicle has been driven but can determine a distance the vehicle has been driven as of some past date, that distance and date, together with a statement that “the total distance the vehicle has been driven is believed to be higher.”
    3. If the dealer is unable to make any type of determination as to total distance driven or as to distance driven from a past date, that “the total distance driven is unknown and may be substantially higher than the reading shown on the odometer.”
17. If the vehicle’s odometer is broken or faulty, has been replaced or rolled back, or is in miles.
18. If the vehicle is materially different from its original or advertised production specifications.
19. If the badge or any other indication on the vehicle relates to a different vehicle model.
20. If the vehicle was previously registered in a jurisdiction other than Ontario, and if so, a statement indicating which jurisdictions. This requirement does not apply if the vehicle has since been registered in Ontario for more than seven years.
21. If the vehicle was recovered subsequent to being reported stolen.
22. A statement of any other facts that could be expected to influence the decision of a reasonable buyer or lessee to purchase or lease the vehicle on the terms disclosed in the contract.

Except for the disclosures highlighted in bold, the MVDA doesn’t prescribe a specific remedy if the dealer fails to comply with the legislation. Follow the steps in our complaint process below to get things moving in the right direction. If the dealer fails to respond or refuses to return your deposit, contact our Consumer Support Team.

If you give a dealer a deposit, whether cash or your vehicle as a trade in, for the purchase of a vehicle but no contract is signed, you can request your deposit back at any time and the dealer must comply.

Follow the steps in our complaint process below to get things moving in the right direction. If the dealer fails to respond or refuses to return your deposit, contact our Consumer Support Team.

It’s important to make sure that all promises are in writing prior to signing your purchase agreement. When conditions aren’t included on the bill of sale, it may be difficult to substantiate the guarantee, especially if one party denies the claim.

Should a dispute arise, follow the steps in our complaint process below to get things moving in the right direction.

Unless the vehicle is being leased, a dealer is not required to provide a consumer with a copy of the safety certificate.

Your safety certification guarantees that the car meets minimum safety standards only on the day its certified. The 36 days that the certificate is valid for is for means of transfer only, meaning the holder can use that certificate when transferring the vehicle’s ownership within that timeframe – it isn’t a guarantee or warranty.

If you’re concerned that your vehicle doesn’t meet minimum safety standards, we suggest you reach out to a trusted, licenced mechanic at a motor vehicle inspection station authorized by the Ministry of Transportation and request a safety inspection be performed. Should it be found that the vehicle does not meet minimum safety standards, you can then contact the Ministry of Transportation regarding your concerns.

You can reach MTO’s safety enforcement line at 1-800-387-7736 ext. 5. If MTO finds the vehicle to be unfit, then the plates may be removed. However, you may be able to access the officer’s findings and use it to substantiate your claims with the seller. We’d expect the dealer to repair any outstanding safety concerns before returning the vehicle to you.

Follow the steps in our complaint process below to get things moving in the right direction.

When drivability is affected within the first 30 days of ownership, it’s expected that the dealership will help. As a first step, you may want to consider obtaining a diagnostic to confirm the issue and what repairs are necessary and so you have a timestamp for when issues first arose. There will likely be a cost associated with the vehicle’s inspection, but doing so will allow you to confidently speak to the issues that require the dealer’s attention.

Follow the steps in our complaint process below to get things moving in the right direction.

The price advertised for a motor vehicle must include all fees and charges the dealer intends to collect, except for HST and licensing. Also, the advertised price must clearly and prominently indicate HST, and licensing are not included.

An ad is something that persuades or influences an individual to buy or lease a vehicle. This would include, but is not limited to ads:

• in print (for example, newspapers, magazines, etc.)
• on the internet (for example, dealer website, online marketplace, )
• on social media
• on radio or TV
• on signs including those in or on a vehicle

Examples of fees or charges that must be included in an advertised price are:

• Freight
• PDI – PDE (pre-delivery inspection/expense)
• Administration fee(s) and OMVIC transaction fee
• Government levies (air tax, Ontario green levy, luxury tax)
• Safety (unless the ad contains and unfit vehicle or as-is disclosure statement)
  • Ads for vehicles being sold as unfit (for example, has not passed a safety inspection), will not include the cost for safety certification. However, the ad must clearly state “this vehicle is not driveable and not certified.”

If a dealer intends to offer safety certification, the cost must be disclosed and the ad must state “certification is available for $XXX.” This charge cannot be mandatory. All other fees the dealer intends to charge (for example, admin fee, etc.) must be included.

• If an ad includes a price for a vehicle being sold as is, the ad must state

This vehicle is being sold “as is,” unfit, not e-tested and is not represented as being in road worthy condition, mechanically sound or maintained at any guaranteed level of quality. The vehicle may not be fit for use as a means of transportation and may require substantial repairs at the purchaser’s expense. It may not be possible to register the vehicle to be driven in its current condition.

The advertised price for a vehicle sold as is, will not include the cost of a safety certificate. All other fees the dealer intends to charge (e.g., admin fee etc.) must be included.

• Pre-installed products or services (nitrogen/tire protection package, warranties, security or theft deterrents, fuel, etc.)

All fees and charges in the advertised price must be itemized and listed separately on a bill of sale.

OMVIC does not regulate vehicle manufacturers, so their ads do not have to comply with the MVDA, and all-in pricing is not required.

Should you find that you were charged more than the advertised price for your vehicle, be sure to retain a copy of the advertisement and your bill of sale. Follow the steps in our complaint process below to get things moving in the right direction.

Before driving off the lot, you should have received all paperwork related to the transaction, and this includes a copy of your vehicle ownership.

If you’ve purchased the vehicle with cash or made the decision to finance your purchase, the vehicle should be registered in the driver’s name. If you’ve leased your vehicle, the ownership should disclose the lessor as the registered owner and the plates in the name of the lessee. If this isn’t the case, follow the steps in our complaint process below to get things moving in the right direction.

When drivability is affected, especially within the first 30 days, it’s expected that the dealership will help. Outside of that timeframe, you may find it difficult to substantiate that the issue with your car was present prior to or shortly after you took delivery, when it’s easier to effectively negotiate with the seller.

In either scenario, you may want to consider obtaining a diagnostic to confirm the issue and what repairs are necessary and so you have a timestamp for when issues first arose. Be aware, though, there is likely to be a cost in having the vehicle inspected. You can use the diagnostic to be well-informed and confident when you raise your concerns and discuss your options with the dealer.

Conditions of sale help to set out in clear terms what the seller and buyer are obligated to do before a purchase is complete. If those commitments aren’t met, the deal can be cancelled, and the deposit should be returned.

Common conditions

Conditions should be based on what is important to you and may include:

Subject to acceptable financing.

• If you’re not approved for the terms set out in your bill of sale, you don’t have to sign and agree to new terms if you don’t want to. You can walk away with your full deposit.

Subject to a mechanical inspection

• If you want to be really sure that used car isn’t going to cost an arm and a leg in repairs in a few months time, you can ask to include a clause that allows your mechanic to inspect the car before you really commit. Depending on their findings, you may want to reconsider your purchase.

Subject to repairs being made

• Want that rattling muffler fixed or radio repaired before you take delivery? Whether the dealer agrees to perform the work free of charge, or at a cost to you, make sure the details of your agreement are outlined in your bill of sale.

Subject to a spouse/partner/parent’s approval

• Buying a vehicle is no small decision. If you’re solo at the dealership but want to make sure the family is on board with the new car, include their approval as a condition of sale. If Dad veto’s the buy, you can walk away without penalty.

First-time car buyers may want to consider including a condition related to finding affordable insurance. Often, young car buyers, or car buyers who have a poor driving record, may be offered expensive insurance rates, with monthly payments that are higher than their car loan payment.

It’s important to make sure that all promises are in writing prior to signing your purchase agreement. When conditions aren’t included on the bill of sale, it may be difficult to substantiate the guarantee, especially if one party denies the claim.

In Ontario, motor vehicle sales are final once you sign the purchase or lease agreement. As such, whether an agreement can be cancelled is at the discretion of the seller.  If you have only signed a bill of sale, then walking away may mean you forfeit your deposit.

Dealers each have their own policy when it comes to cancelling agreements. Some have no issues returning a deposit to a consumer and allowing them to walk away, while others may offer to agree to cancel but refund only a portion of the deposit. Moreover, some dealers may wait until the vehicle is resold to calculate their losses and will discuss a refund only then.

Of course, like any retailer, a dealer can deny cancellation of the agreement. In this case, it’s suggested that you speak with either the owner or general manager of the dealership to determine what options, if any, are available to you.

Illegal, unlicensed vehicle dealers are called curbsiders. They often pose as private sellers, though some may operate from small automotive businesses (for example, repair shops).

Curbsiders not only misrepresent themselves, they often misrepresent the vehicles they sell. Many are previous write-offs with undisclosed accident repairs and/or have an odometer that has been tampered with. Should problems arise after a vehicle purchase, curbsiders can be very difficult to track down.

If you witnessed or have knowledge of illegal motor vehicle sales (curbsider) or are concerned about a registrant’s illegal conduct or activity, you can make an anonymous tip to Toronto Crime Stoppers in the following ways:

1. Call 416-222-TIPS(8477) or toll-free 1-800-222-TIPS(8477) from anywhere in North America
2. Online tip form
3. Text TOR and your message to CRIMES (274637)

These tips are forwarded to Crime Stoppers for review and assessment. All OMVIC related complaints/tips will be forwarded to OMVIC for investigation. All reports are anonymous, and the tipster’s identity is never known or disclosed.

When submitting a tip on the Crime Stoppers portal, please select OMVIC intake under the offence type drop down.

You can file a complaint if you suspect you purchased a motor vehicle from an illegal motor vehicle dealer (curbsider) or have information about unregistered motor vehicle sales. Please note that when filing a complaint through our anti-curbsider hotline, your identity will not be anonymous. This type of reporting will require the cooperation of involved parties, including the possibility of attending provincial court. You can file a complaint in one of the following ways:

1. Call 1-888-NO-CURBS(662-8727)
2. [email protected]

OMVIC is the regulatory body for motor vehicle sales and salespeople in Ontario; we don’t have jurisdiction over vehicle repairs, service centres or automotive technicians, nor do we have jurisdiction over vehicle manufacturers or manufacturer warranties.

OMVIC doesn’t have jurisdiction over vehicle manufacturers or manufacturer warranties. If you’re experiencing an issue related to a manufacturer defect, CAMVAP may be able to assist.

CAMVAP is a cross-Canada program that you can use to resolve disputes with a manufacturer about defects in your vehicle’s assembly or materials, or how the manufacturer is applying or administering its new vehicle warranty. Disputes are resolved through binding arbitration.

CAMVAP covers most domestic and imported passenger cars, light trucks, sport utility vehicles, vans and multi-purpose passenger vehicles purchased or leased in Canada, as long as the vehicle is the current model or one of four previous model years.

CAMVAP is available to the current model or 4 past model years of passenger vehicles (cars, light duty trucks, cans, sport utility vehicles, multi-purpose passenger vehicles) that weigh no more than 4,536 kg (10,000 lbs) gross vehicle weight (GVW).  Your claim form must be received by the Provincial Administrator by the last filing date for your vehicle model year:

Visit their website to learn more about CAMVAP and your eligibility.

OMVIC has jurisdiction only over motor vehicles sales sold by registered dealers within the province of Ontario.