Replacement engine in used truck isn't unusual

Q: I bought a 2003 Dodge 1500 Hemi with 191,000 km on it, as advertised on the dealer's website.

After I bought the truck, my friend noticed a grease marker number on the valve cover. He says this is a wrecker's part number, which would mean that the stated 191,000 km may not be accurate if the engine was replaced.

Do I have any recourse, as it's anyone's guess on how many kilometres are on the replaced engine?

A: James Hamilton, manager of mediation services for the Used Car Dealers Association of Ontario (ucda.org), replies:

It's not surprising a six-year-old used truck that has travelled almost 200,000 km might have had various components – even major ones such as the engine – replaced or repaired at some point in its working life.

Not only would the seller (the dealer in this example) likely not know what items might have been repaired before obtaining the vehicle, it shouldn't be expected that an older used vehicle would be "all- original" anyway, unless it was a collector car of some kind, when such issues can be important.

The accuracy of the odometer is not affected by replacement, repair or rebuild of the engine, nor that of any other component like the transmission. In any event, there's a good chance the engine came from a vehicle that had travelled considerably less than the engine it replaced. The odometer would still reflect the distance travelled by the vehicle, as required by law.

Of course, as with the purchase of any used vehicle from a dealer, the buyer can expect the truck to be roadworthy and mechanically sound and remain so for a reasonable period of time.

Eric Lai adds:

This case highlights the importance of having used vehicles inspected by a mechanic you trust before purchasing, in order to avoid potentially costly surprises later.

Q: I bought a new GM vehicle in September 2008. It has been repeatedly back to the selling dealer ever since and even now has just 12,500 km on it.

The "check engine" light keeps coming on, creating hard starting and stalling. Apparently, the computer keeps misreading the alcohol/gas mixture on this flex-fuel vehicle. The GM field rep has installed testing equipment but they still don't know why the problem persists.

I want this lemon bought back by GM. How would I proceed with a lawsuit?

A: Toronto lawyer Greg Chang (www.bcbarristers.com) replies:

The vehicle has required five service visits in eight months. Based on that, it may qualify as a "lemon" in some U.S. states, but Ontario doesn't have a "lemon law."

You could start a lawsuit or choose binding arbitration with the Canadian Motor Vehicle Arbitration Plan (camvap.ca). You cannot do both.

A lawsuit is expensive, requiring a lawyer, and could take one to two years to get to trial. However, the court may order the contract set aside and can award more in damages than the arbitration process.

CAMVAP is fast, claiming resolution in 70 days. You don't need a lawyer and fees are minimal. Your file is reviewed by an arbitrator and the decision is binding on you and the manufacturer. But you may win less under arbitration than a court might potentially award.

CAMVAP cannot refund the purchase price, they can only order the manufacturer to buy back your car, less the depreciation. CAMVAP may also award the buyer an amount to compensate them for wasted time and expenses associated with the repeated service visits, but this amount is capped at $500 – which is less than what a court has the authority to award.

Got a beef about something?

Write to Eric Lai at wheels@thestar.ca.

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