While the actual required disclosure will vary depending on a vehicle’s history and condition, a contract must include statements about any of the following conditions:
- The make, model, trim level and model year of the vehicle.
- If the vehicle has been used as a police vehicle or to provide emergency services.
- If the vehicle has been used as a taxi or limousine.
- If the vehicle has been leased (rented) on a daily basis and has not been subsequently owned by someone other than a dealer.
- If any collision or incident damage to the vehicle was greater than $3,000 (and the total cost of repair if known by the dealer).
- If the vehicle has been classified under the Highway Traffic Act as irreparable, salvage or rebuilt, and the most recent classification.
- If the vehicle was declared a total loss by an insurer, regardless of classification under the Highway Traffic Act as irreparable or salvage.
- If the vehicle has two or more adjacent panels that are not bumper panels that have been replaced.
- If the manufacturer’s warranty on the vehicle has been cancelled.
- If the vehicle has sustained any damage caused by fire.
- If the vehicle has sustained any damage caused by immersion in liquid that has penetrated to the level of at least the interior floor boards.
- If there has been structural damage or the vehicle has had repairs, replacements or alterations to the structure of the vehicle.
- If the vehicle has an anti-lock braking system that is not operational.
- If any of the vehicle’s airbags are missing or not operational.
- If the vehicle requires repair to any of its:
- Engine, transmission or power train.
- Subframe or suspension.
- Computer equipment.
- Electrical system.
- Fuel operation system.
- Air conditioning.
- If the contract is for the sale or lease of a new specifically identified motor vehicle (e.g., VIN is known, in stock, etc.), the maximum distance that will be shown on the odometer at time of delivery.
- If the contract does not specifically identify a new vehicle (e.g., a vehicle which must be located, VIN unknown), the maximum distance that will be shown on the odometer at the time of delivery or a statement initialled by the buyer that there is no maximum.
- If the contract is for the sale or lease of a used vehicle:
- The total distance driven.
- If the dealer cannot determine the total distance the vehicle has been driven, but can determine a distance the vehicle has been driven as of some past date, that distance and date, together with a statement that “the total distance the vehicle has been driven is believed to be higher.”
- If the dealer is unable to make any type of determination as to total distance driven or as to distance driven from a past date, that “the total distance driven is unknown and may be substantially higher than the reading shown on the odometer.”
- If the vehicle’s odometer is broken or faulty, has been replaced or rolled back, or is in miles.
- If the vehicle is materially different from its original or advertised production specifications.
- If the badge or any other indication on the vehicle relates to a different vehicle model.
- If the vehicle was previously registered in a jurisdiction other than Ontario, and if so, a statement indicating which jurisdictions.
This requirement does not apply if the vehicle has since been registered
in Ontario for more than seven years.
- If the vehicle was recovered subsequent to being reported stolen.
- A statement of any other facts that could be expected to influence the decision of a reasonable buyer or lessee to purchase or lease the vehicle on the terms disclosed in the contract.
Note: As-Is vehicles - All required disclosures (including material facts) must be made even if the vehicle is being sold as-is.