Tires should have been in the contract

Eric Lai

SPECIAL TO THE STAR

Q: My wife and I purchased a used Mercedes C350 at their Markham dealership. When we looked at the car there was a set of winter tires inside. However, these weren't provided when my wife picked up the car.

I'm told the tires weren't on the spec sheet as they belonged to someone else, but the fact is the salesperson told me directly that the tires were included.

I am now obliged to buy a set of winter tires for this car, which will likely cost $1,000 or more. Had I known the tires were not included, I would have made a different offer to purchase the car.

Do I have any recourse?

A: JoAnne Caza, spokesperson for Mercedes-Benz Canada, replies:

The dealership advises that there was some misunderstanding between the sales consultant and the customer. However, the customer did receive all four winter tires and has already picked them up.

Toronto lawyer Greg Chang (bcbarristers.com) replies:

The question of what a sales contract includes is a frequent source of frustration for both buyers and sellers.

The problem arises from the transition of the "sales pitch" to the formation of the sales contract. Often the buyer and seller will have different impressions of what is included.

Contracts can be written, verbal, or partially written/partially verbal. To avoid confusion, dealerships reduce their contracts to writing.

Further, (preprinted) standard clauses will stipulate that the written contract is the entire contract – meaning any verbal terms and discussion are excluded.

To avoid this type of misunderstanding, buyers should insist upon all terms being written into their buy/sell contract.

In this particular case, I think Mercedes did the right thing. It could have won a legal victory, as the winter tires were not listed in the contract, but it would have lost customer goodwill and incurred legal fees.

Eric Lai adds:

To protect yourself, if you need to add a handwritten clause to the sales contract (such as "winter tires in vehicle are included"), all signing parties to the transaction should initial the change – both before and after the added portion – in order to make it legal and binding.

Q: Despite displaying my street parking permit on the right side of my car's dashboard, where a parking control officer on the adjacent sidewalk would most clearly see it, I've been ticketed three times at the same East Toronto (Scarborough) location. The parking enforcement office says I must go to court to fight the ticket but, frankly, I don't think it's worth it for the $30 fine involved. Is there any way I can avoid this in the future?

A: Toronto Parking Enforcement confirms that you'll need to attend court to dispute the tickets. Details on this process are available online at Toronto.ca (search "parking tickets").

They suggest you contact the area supervisor so that your complaint can be investigated. For Scarborough, contact Steve McGowan at 416-808-6676.

The supervisor will look into whether it was the same or different officers involved in the three incidents and examine other details – such as location, time, vehicle type and officer notes – to determine if any corrective action is required.

Alternatively, you could simply ask a parking enforcement officer on the beat if there's any problem with your permit or where you're placing it. (Officially, anywhere "in clear view" from the front is sufficient.)

Got a beef about something? Write to Eric Lai at wheels@thestar.ca. Letters may be edited. Letter volume prevents personal replies.

More videos from Wheels.ca and our partners