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Registrar's Decision

Registrar's Decision 08-70070

File Number: 08-70070 

In the matter of THE MOTOR DEALER ACT R.S.B.C.1996 C.316
and THE BUSINESS PRACTICES AND CONSUMER PROTECTION ACT S.B.C. 2004 c.2

Complainant: JONATHON THOMPSON

Licensee/Unlicensed person:

APPLEWOOD MOTORS INC. dba APPLEWOOD KIA (Dealer #10659)

Issues:

  • The Motor Dealer sold to the consumer a used vehicle and failed to declare that the vehicle had high performance injectors and engine damage estimated at $6,000.00.
  • The Motor Dealer warranted the balance of the manufacturer’s warranty.
  • The consumer took the vehicle in for warranty repair for a loss of oil problem where it was determined the engine had damage caused by a performance enhancement chip having previously being installed. Chrysler Canada restricted the warranty, and refused to repair the engine under warranty.

Outcome:

  • The Motor Dealer committed a deceptive act or practice.
  • The Motor Dealer was ordered to take back the vehicle and refund all the consumers money.
  • The Motor Dealer was ordered to pay the VSA investigation and hearing costs.
  • Due to the facts of the case and that this was not the first such breach by the Motor Dealer; a $10,000.00 administrative penalty was assessed.

Click here for the full decision (PDF)