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Registrar's Decision

Registrar's Decision 08-70508

File Number: 08-70508 

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: KELLY MILLAR

Licensee/Unlicensed person:

HARE MOTORS LTD. (Dealer #11180) AND VIJAYA NAIDU, ALSO KNOWN AS FRANK NAIDU (Salesperson #103448)

Issues:

  • The consumer bought a used Ford pick-up from Hare Motors who represented the vehicle as in great condition.
  • There were mechanical problems with the vehicle which Hare Motors tried to repair after the sale.
  • Within a few weeks of the sale it was discovered the vehicles frame and mount brackets were damaged.
  • The vehicle failed a Provincial Private Vehicle Inspection and a Structural Integrity Assessment; it was illegal to be on the road.
  • The consumer sought a refund and Hare Motors refused saying “buyer beware”.

Outcome:

  • Hare Motors deliberately sold an unsafe vehicle to the consumer.
  • Hare Motors was ordered to take back the vehicle and refund the purchase price and the cost of the extended warranty.
  • Hare Motors was ordered to refund the cost of the PVI and the SIA to the consumer.
  • Hare Motors was ordered to repay the VSA its investigation and hearing costs.
  • This was the third complaint in three years of Hare Motors selling an unsafe vehicle and it was assessed a $20,000.00 administrative penalty; the salesman $750.00.
  • A condition was placed on Hare Motors’ registration requiring all vehicles it sells to consumers pass a PVI before such a sale.
  • Hare Motors is on warning that one more serious complaint would be grounds to cancel its registration.
  • Decision varied upon reconsideration December 14, 2009.

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