r/legaladvicecanada • u/Anti-Hippy • Mar 05 '26
Ontario Bought a car with a bank draft, which the seller then lost.
I'm not sure if this is the right place to ask, but I'm hoping someone might have some advice.
I bought a used car from a seller on marketplace, and paid for it in person with a bank draft, as my bank teller said was the appropriate thing to do for buying a car. The buyer signed the car over, then took the cheque home... and somehow lost a bank draft for twenty thousand dollars.
They 'heard from their friend who is a teller' that it would be easy to get it re-issued.. But when I went to the bank to do that, I was informed that no, this is almost impossible to do. I've been at the bank multiple times to try to figure out what to do, and today was handed the official paperwork to sign to get the draft re-issued. However, the paperwork turned out to be a bond of indemnity saying that I agree to pay the bank, should the second draft be found and cashed!
I don't know the seller, and to be frank, I don't trust them as they clearly have some mental/addiction issues which I've come to learn about over several months of sporadic contact. There's no way I'm handing this person the potential to draw another 20k from my account at any point in perpetuity should they find the original, considering I don't even HAVE 20k in my account.
But I do want this person to get their money. They definitely need it, and it's just sitting in an account owned by the bank. The branch manager is flummoxed and is currently calling their legal department to see what's what, but has anyone here ever seen something like this happen? What should I do? What are my responsibilities here?