Put a deposit on a vehicle and found out a week later the odometer had been tampered with
I'm in Ontario, Canada.
Last week I put a $1,300 deposit down on a 2015 Toyota Sienna represented as having approximately 112,000 km and signed a bill of sale. The dealer also agreed to complete several repairs and provide the vehicle safetied before delivery. Work included:
* new front console
* new brakes
* new tires
* new wipers
* new master window switch
* and a few other items
All of this was included in the agreed purchase price.
The CARFAX was clean, but it only had service history up until 2016, which raised some concern for me. I decided to call a few Toyota dealerships directly to see if they had additional service records.
Toyota records showed:
* 2020-11-03 — 121,390 km
* 2023-05-17 — 205,288 km
* 2023-05-30 — 206,839 km
So there is clearly a major mileage discrepancy between the vehicle history and the approximately 112,000 km the vehicle was represented and sold under.
To be clear, I do not believe the dealer personally committed the rollback/misrepresentation. They provided me with the auction invoice they received when purchasing the vehicle, and it also showed approximately 112,000 km.
After discovering this, I immediately advised the dealer that I was no longer comfortable proceeding with the purchase and requested cancellation plus a refund of my deposit.
The dealer is willing to cancel the sale, however they want to keep approximately $800 from the deposit to cover:
* safety inspection
* brakes
* tires
* etc.
My position is that I agreed to purchase a 112,000 km vehicle, and had I known about the mileage discrepancy I never would have entered into the agreement in the first place.
I also feel the dealer still retains the benefit of the repairs since the vehicle now has newer brakes, tires, and safety work that should help resale value.
Is requesting a full refund unreasonable in this situation?
Thanks in advance for any insight.