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When Ashton-Vitaly Evdosin bought a certified pre-owned Volvo last fall, he trusted it had gone through a rigorous inspection.
But on the day he drove the SUV home from the dealership, he noticed a clunking noise coming from the rear suspension. When he brought it back, a rear shock was leaking.
A few weeks later, the warning light for the parking brake came on. Evdosin had the 2021 XC60 Recharge towed and the problem was traced to a broken wire.
Most worrying — the check engine light kept coming on.
After having the SUV towed and checked over in April, the light switched back on just as he was leaving Volvo Mont-Royal. He returned it immediately.
In the year since Ashton-Vitaly Evdosin bought his 2021 Volvo XC60, he estimates he's had it towed four times for various issues. (Submitted by Ashton-Vitaly Evdosin)
He was told the electric motor that powers the rear wheels, known as the ERAD, had "catastrophically failed." The repairs took over a month because the dealership was waiting for backordered parts.
Evdosin said none of the problems he's run into were flagged in the dealership's inspection report.
He doesn't understand how Volvo could have certified the SUV in the first place.
"What I want Volvo to do is to take accountability and deem this vehicle unfit to be sold, because I don't think they should have let this vehicle out of the dealership," said Evdosin, who is a university student.
WATCH | 'Certified pre-owned' status gave buyer a sense of security: He bought a certified pre-owned Volvo last year. That's when the problems started
What does 'certified' even mean?
A car being advertised as a "certified pre-owned vehicle" means — in theory — it has gone through a detailed inspection at the dealership.
"You're given kind of a health check-up on the car," said George Iny, executive director of the Automobile Protection Association.
The inspection is supposed to spell out what is working on the car, and what needs to be repaired immediately or down the road.
But in some cases, Iny said the inspection is not done.
"Dealers tell us privately, 'We don't want to do the inspection in case we can't sell the car,'" he said. "So in fact, it's smoke and mirrors."
George Iny is the executive director of the Automobile Protection Association. He’s not surprised Volvo hasn’t cancelled Evdosin's sale. "The car would practically have to implode before they would consider taking one back," said Iny. (Toni Choueiri/CBC)
Depending on the manufacturer, certified pre-owned cars are typically less than five years old.
In Quebec, Iny said an auto dealer has to provide a mandatory full-coverage warranty on the vehicle for either one, three or six months after the sale, for all vehicles with less than seven years or 120,000 km.
Iny said franchised dealers also offer warranty coverage that goes beyond the legal warranty, usually for six months to two years after the sale, depending on how much the dealer or consumer pays.
Jesse Caron, who is an automotive expert at CAA Quebec, says this cost isn’t always included in the advertised price, and can cost the consumer up to $2,000, depending on the car.
He recommends consumers ask for the dealership's inspection report and get a CARFAX, which tracks past accidents, ownership changes and the service record.
Caron encourages people to get a second opinion and have the vehicle checked over by another mechanic.
If previously undetected problems are found or the suggested repairs can be done cheaper elsewhere, the consumer can see if the dealership is willing to lower the price.
Owner wants sale cancelled
Evdosin did not get an independent inspection done on his vehicle. He said the fact the car was certified by the dealership gave him a false sense of security.
After he complained to Volvo, the company offered him nearly $1,800 — equivalent to about three monthly vehicle payments. Evdosin bought the SUV for $50,000.
Evdosin declined the offer and sent the company a legal demand letter. His complaint was escalated to Volvo's legal department for review. He hasn't heard from them since July.
After the manufacturer's warranty expired a few months ago, he had to use his extended warranty to repair both hydraulic struts when the tailgate stopped opening.
"They said it was a wiring issue," said Evdosin.
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Since then, he’s detected rust on the inside of both back doors, and he had to get a seat repaired after he noticed the leather was peeling.
He wants the dealership to take the car back and refund his money.
"When I'm using it, I worry: when is the next issue going to hit, and am I going to be stranded?" said Evdosin.
He wishes he'd had it inspected by another mechanic.
"I could have avoided this whole headache," said Evdosin.
Anti-lemon law doesn't apply
In Evdosin's case, Iny said the province's consumer protection legislation wouldn't apply because his 2021 vehicle is already too old.
In 2023, Quebec introduced its "anti-lemon" law, which protects consumers against seriously defective vehicles.
It applies to new gas-powered, hybrid and electric vehicles purchased or leased with less than three years or 60,000 kilometres on them.
But for a vehicle to be declared a lemon, it has to meet at least one of the following criteria:
- Three unsuccessful repair attempts for the same problem.
- Twelve repair attempts for separate, unrelated problems.
- More than 30 days spent at the dealership for one or two repairs — excluding periods where parts were unavailable or on backorder.
Ashton-Vitaly Evdosin is worried about what other problems may pop up on his 2021 XC60 Recharge. Since his extended warranty expired this summer, he's had to use his extended warranty with a $250 deductible to make repairs. (Louis-Marie Philidor/CBC)
Iny understands Evdosin's frustration, but said he's fortunate Volvo stood behind the warranty and did all the repairs.
"He's lucky he's been driving a loaner, because many people in that situation would be paying for a rental somewhere. They'd be out thousands of dollars," said Iny.
Iny said his association is happy the province brought in extra protection for consumers, but he would have liked to see it include getting legal fees reimbursed.
The maximum amount you can claim in small claims court is $15,000. But if the vehicle is more expensive than that, and the customer wants a cancellation of sale, you'll have to hire a lawyer, which many people can't afford.
"Typically if you have to go to trial, it's going to be over $20,000," said Iny.
He's not surprised Volvo hasn't cancelled the sale.
"The car would practically have to implode before they would consider taking one back," said Iny.
Volvo looking into matter
In a statement provided by Volvo Car Canada, the manufacturer said it takes all customer concerns seriously, and that safety is its top priority.
"Certified by Volvo vehicles pass specific inspection requirements and go through a reconditioning process to qualify as a Certified by Volvo vehicle, and also include the applicable warranty," said company spokesperson Jennifer Okoeguale in an email.
She said Volvo is working with the dealership to better understand and review the circumstances around what happened with Evdosin's car, and was unable to provide further comment at press time.
The Corporation des concessionnaires automobiles du Québec — which represents major franchised automotive dealerships that offer certified pre-owned vehicles — did not respond to CBC's questions about the quality of inspections, nor whether it had received complaints about particular dealerships.
Evdosin had hoped for a settlement.
These cases can often be "long and difficult," said Evdosin, who decided to go public with his story to warn other consumers what they should do before buying a certified used vehicle.
He says it will be difficult for him to pursue Volvo in court.
"It's so expensive nowadays to deal with lawyers," said Evdosin. "Every minute costs something."
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