Automotive

Consumer Rights? - Dealership is insisting on a waiver of liability

  • Last Updated:
  • Feb 12th, 2018 8:24 pm
[OP]
Newbie
Nov 13, 2017
10 posts
2 upvotes

Consumer Rights? - Dealership is insisting on a waiver of liability

I'm buying a new car and the car comes equipped with summer tires. I have winters ready to be installed but the dealer wants me to sign a waiver of liability when I pick up the car stating they are not responsible should anything happen.

Do I have the option to not sign the waiver? I'm just curious on what rights I have.

Any thoughts?
12 replies
Deal Expert
User avatar
Dec 23, 2003
15377 posts
3701 upvotes
Toronto
Eclipse920 wrote: I'm buying a new car and the car comes equipped with summer tires. I have winters ready to be installed but the dealer wants me to sign a waiver of liability when I pick up the car stating they are not responsible should anything happen.

Do I have the option to not sign the waiver? I'm just curious on what rights I have.

Any thoughts?

You don't have to sign any such document. Dealership wants to cover their butts.
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Deal Addict
Aug 1, 2007
2120 posts
659 upvotes
You certainly have the right to not sign it. I cant think of any situation where you HAVE to sign any legal documents, even under police investigations.

With that said, the dealer has a right to refuse a sale. They can make signing that liability waiver part of the sale.
Deal Fanatic
Oct 26, 2008
6402 posts
2069 upvotes
BC
Did they try and sell you their own winter tires and this is their way of paying you back because you refused their side deal?

Can't see that it matters if you sign a waiver or not. It is the customer's responsibility to know the limitations of the product they are buying. Time of year, skill level of operator, etc.

Obviously it was your well-planned intention to buy a performance car with summer rubber knowing that you would be looking after a tire change independently yourself.

The dealership wouldn't be held responsible for any accident anyway unless they had clearly coerced you into buying something that was clearly not suitable for your stated purposes.

No different than taking delivery of a motorcycle during a snowstorm. Common sense by the purchaser should prevail. No need for legal disclaimers.

Not sure it is a question of what rights you have to not sign their waiver. Your future relationship with the business may be the only factor to consider if you refuse.

Depending on the exact wording of the waiver:
- sign it if it's just a simple statement, or
- tell them you are not comfortable with signing it and see if they then cancel the whole deal

Either way, try to not let it take the enjoyment out of taking possession of your new car.
Deal Expert
Aug 22, 2011
35649 posts
21735 upvotes
Center of Universe
This is ON and winter tires are not mandatory, so you don't have to sign anything; other than the sales agreement.
Deal Expert
User avatar
Jul 5, 2004
25512 posts
4619 upvotes
You don't have to sign it, but I guess they could refuse to sell the car. I can't imagine that happening though.
Deal Addict
Aug 25, 2007
1099 posts
53 upvotes
Bolton, ON
The only car I am aware of with a waiver is the Hellcat Demon.
Deal Fanatic
Apr 5, 2016
5339 posts
3806 upvotes
Calgary/Vancouver
Yeah if possible I wouldn't sign anything extra. But if they won't budge, at least this isn't a big issue since even if you don't sign it, it's not like you can really sue them for negligence if you were to crash in an at fault accident.
[OP]
Newbie
Nov 13, 2017
10 posts
2 upvotes
Appreciate the responses everyone. I picked up the car and did not sign the waiver, switch the tires elsewhere with no issues (despite the snow)

They didn't flinch when I said no so for anyone else in that same situation, hopefully this and the other's responses helped.

I also called OMVIC to find out if this was standard industry practice and they said no.

Thanks everyone
Deal Addict
Jan 8, 2009
4160 posts
2541 upvotes
Ontario
hightech wrote: You don't have to sign any such document. Dealership wants to cover their butts.
Seems ridiculous. Just picked up a new car with summers in Quebec where winters are required by law. Didn't have to sign a waiver. Law there gives a period of grace on a new car or used car purchase to cover such situations.
Deal Addict
User avatar
Jul 5, 2011
1768 posts
1661 upvotes
Toronto
Sounds like they're just giving you a bit of scare tactics for not buying their winter tires as mentioned above.

Could also be as simple as an overly cautious owner that considers every possible area of liability and wants to cover his own ass from potential lawsuits.

What kind of car OP?
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[OP]
Newbie
Nov 13, 2017
10 posts
2 upvotes
xjesterxx wrote: Sounds like they're just giving you a bit of scare tactics for not buying their winter tires as mentioned above.

Could also be as simple as an overly cautious owner that considers every possible area of liability and wants to cover his own ass from potential lawsuits.

What kind of car OP?
Thanks, it turned out it wasn't a really big issue the dealership was willing to push, I said no and they moved on.

Crux of it all was that I got a new audi sq5 and the dealership wanted to charge $100 bucks for the tire change and I naively thought they would do it for free. Suffice to say, it will be my last purchase at this dealership.
Deal Addict
User avatar
Jul 2, 2001
4564 posts
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GTA
I can kind of see their point in a liability waiver since they have no idea if these rims/tires meet oe specifications, obviously they do, but they just want to cover their butts on a brand new car. The obvious solution is to pick up the car and do it yourself.

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