VSA

Registrar's Decision

Registrar's Decision 08-70008

File Number: 08-70008 

In the matter of THE MOTOR DEALER ACT R.S.B.C.1996 C.31
and THE BUSINESS PRACTICES AND CONSUMER PROTECTION ACT S.B.C. 2004 c.2

Complainant: MIKE BOYD

Licensee/Unlicensed person:

A.P.G. CAR SALES & LEASING LTD. (Dealer #11167)

Issues:

  • The Motor Dealer sold the Consumer a vehicle which was subsequently determined to be stolen about one year later.
  • The Consumer had since traded-in the stolen vehicle for another vehicle. When the stolen vehicle was seized by the police, the consumer lost the trade-in value.
  • The Dealer did not know the vehicle was stolen and ICBC had several times registered the vehicle.
  • The Dealer acknowledged his responsibility to the consumer, but felt the consumer was seeking too much in compensation.

Outcome:

  • The consumer’s claim of a $10,000.00 loss was wholly unrealistic. The proven loss was only $4207.14, which the dealer agreed to without argument.
  • The need for the investigation and hearing was due to the consumers’ unrealistic claim. It would be unjust in these circumstances to order the dealer to pay investigation and hearing costs.
  • The circumstances of this case also did not dictate that an administrative penalty should be imposed.
  • Dealer ordered to pay the consumer $4207.14.

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