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Registrar's Decision

Registrar's Decision 08-70472

File Number: 08-70472

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

Complainant:ย CHARLES SOUTHERN

Licensee/Unlicensed person:

VICTORIA HYUNDAI AND SCOTT ROY SWANBERG

Issues:

  • Consumer purchased a Toyota Yaris.
  • Dealer missed declaring the vehicle as an ex-rental.
  • Consumer found this out 9 months later when the Yaris had some warranty work completed.
  • Dealer offered the consumer $500 as a good will gesture for missing the declaration.
  • Consumer filed a complaint with the VSA and applied to the Compensation Fund for all his money back.

Outcome:

  • There was no evidence that the consumer relied on the missed ex-rental declaration in deciding to buy the Yaris.
  • There was no evidence that the consumer suffered any damages due to the missed ex-rental declaration.
  • The consumerโ€™s complaint under the Business Practices and Consumer Protection Act was dismissed for these two reasons.
  • A $460 fine was issued against the dealer for the missed declaration under the Offence Act.
  • The salesperson/sales manager involved was warned that a repeated missed declaration by him may be grounds to suspend of cancel his license.
  • (Consumer was told at the hearing that the Registrar probably could not enlarge the $500 good will gesture offered by the dealer).

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