Registrar's Decision 08-70472

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 consumer’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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