Registrar's Decision 08-70288

Issues:

• Dealer sold Dodge to consumer and brakes failed two weeks later.
• Discovered the rear brakes were faulty, over 100% worn out, and it was determined they were faulty at time of sale.
• Dealer admitted to conducting brake checks on all vehicles prior to sale.
• Dealer misrepresented the vehicle as owned by an old man and was well maintained.
• Dodge subsequently inspected and failed the B.C. Private Vehicle Inspection – unsuitable for transportation for various reasons.

Outcome:

• Dealer and salespersons committed a deliberate deceptive act and failed to inform consumer of unsafe condition of the vehicle – a material fact.
• Dealer and salespersons down played noise and pull on braking during test drive by saying it was an alignment problem.
• Dealer and salesperson falsified purchase agreement by saying vehicle sold on native land, when it was not.
• One salesperson gave a false statement to a compliance officer.
• Dealer ordered to:
• take back vehicle and refund consumer full purchase price and cost of repairs she made;
• repay the VSA hearing and investigation costs; and
• abide by the Business Practices and Consumer Protection Act.
• Dealer to pay an Administrative Penalty of $20,000.00 noting a past similar incident.
• Administrative Penalty on Salesperson A of $1,000.00 and Salesperson B of $1,250.00.
• Condition placed on dealer license that all cars sold by it pass the B.C. Private Vehicle Inspection prior to sale and copy to be given to consumer prior to sale. Review in one year.
• Condition placed on both salespersons’ licenses to retake and pass the Salesperson Certification Course within 90 days at their own cost, or licenses will be suspended until they do pass.
• Salesperson B’s license suspended for three days for giving a false statement.
• Warning issued to dealer and salespersons that another similar occurrence will result in a significant suspension of cancellation of licenses depending on the circumstances.

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