The Arbitrators Award

Post Hearing Award (in brief)

At the first hearing it was undisputed that the Consumer's complaint of a creaking noise in the rear was audible and was an abnormal sound. The Consumer also produced 3 unsuccessful repair work orders and testified that the vehicle had been at an authorized dealership several times more for the same problem. The Consumer agreed to give the Manufacturer another opportunity to repair the noise.

At the second hearing (conference call) the Consumer testified that the noise was still present. He requested a buy back waiving the reduction for use due to his loss of the vehicle for a total of 32 days (10 seperate trips to the dealer)and the inconvenience.

The Manufacturer's Representative testified at the final hearing that the noise came from the pull down latch from the back of the seat which was rubbing on the striker, and when lubricated it fixed the problem. The Consumer, in response testified that this was the first time he was told that this was the problem. The Reprentative testified that he was told by the Service Manager that the noise at the first hearing was not the noise he had heard in the past. The Consumer testified that the noise at the first hearing was indeed the noise from day one. The Representative requested that if a buy-back award is granted that a reduction for use be made simply because the Consumer has had use of the vehicle for (more than a year) and more than 33,000 kms.

After reviewing all the evidence, I concur with the Consumer that an award for a buy-back is justified, however, with a reduction for use. The Manufacturer has had a multitude of opportunities prior to the second hearing to repair the problem without any success.

I concur with the Manufacturer, however that it would be unreasonable to waive the reduction for use when the Consumer, although inconvenienced, has had use of the vehicle for over (a year) and 33,000 kms.

I am calculating the reduction of use from the first hearing due to the Consumer's cooperation in giving the Manufacturer one more opportunity to rectify the problem.


The Award is as follows:

The Manufacturer shall buy-back the Consumer's vehicle in the amount of (over $16,000) which includes a reduction for use.

The Consumer is responsible for recovering where allowable any Provincial sales tax in the Province that they purchased the vehicle.

The Consumer shall deliver his vehicle to the Manufacturer or an authorized dealer agreeable to both parties within 21 days of the receipt of this award, and the Consumer shall comply with the buy-back conditions of the Agreement for Arbitration.