FCAA is Saskatchewan’s financial and consumer marketplace regulator.
Presented by Denny Huyghebaert, Deputy Director, Consumer Protection Division.
Video 1 - Disclosure Rules
Video 2 - Power Train Warranty
Video 3 - Advertising Requirements
Video 4 - Deposit Rules
Vehicle Dealer Webinar – Questions and Answers
1. Is there a time limit to non-disclosure/failure to disclose claims? (For example, if they had the vehicle for two years).
The legislation is silent on this. I.e. there is not an explicit time limit on the failure to disclose required information. Individual circumstances may be treated differently depending on the facts.
2. Is the burden of proof on a dealer to prove a vehicle was misused?
3. Is the consumer required to return the vehicle at their own expense?
If a disclosure breach has occurred, the dealer must make the consumer whole, including return expenses.
4. Do dealers have an opportunity to repair a vehicle with a power-train warranty issue before a consumer returns it?
If any component of the power train fails during the warranty period it is deemed to be a breach of substantial character. The purchaser can choose to reject the vehicle or have it repaired by the dealer If the consumer elects to have the dealer repair it, the dealer may require the consumer to pay a maximum of $200 towards the cost of repair.
5. Do powertrain warranties apply on consigned vehicles?
6. Can a dealer give a CARPROOF report instead of an SGI VIN search?
Dealers must provide the SGI VIN search as a minimum disclosure, but they are encouraged to go above and beyond for their consumers with additional reports.
7. Do customers need a printed copy of the VIN search or will an electronic copy do?
Customers must be provided a printed copy. It is a good practice for the dealer and customer to initial the copy to demonstrate they have both read it and the information has been provided and disclosed. It is also a good practice for the dealer to retain a copy of what was provided to the consumer to avoid future disputes.
8. When is a stock number required?
Stock numbers are required when a specific vehicle is being advertised for sale.
9. Do preloaded accessories need to be included in the drive-away-price?
Yes. If a vehicle is advertised, all the features present in the vehicle must be included in the price.
10. Do out of province ads facing Saskatchewan consumers fall under the regulations?
Yes. All ads directed to Saskatchewan consumers must comply with provincial regulations.
11. Can an auction say sold “as-is” to a vehicle being sold privately?
Yes. The Vehicle Dealer Regulations do not catch private individuals who are not vehicle dealers.
12. Is there a disclosure checklist?
No. Dealers are encouraged to create a disclosure document that fits their business needs and meets the requirements set out in the regulations. It is also a best practice to have both the dealer and consumers sign the document in order to verify the appropriate disclosures have been provided and received.