Registrar's Decision 08-70578

Issues:

• The motor dealer is also a collision repair shop who rebuilt and sold a motor vehicle to the consumers.
• The motor vehicle was represented as roadworthy, and the repairs that were made were down played.
• The motor dealer also misrepresented the kilometers travelled by the motor vehicle.
• The motor vehicle had passed two B.C. required inspections for roadworthiness.
• The consumers moved to Ontario where the motor vehicle failed a structural integrity assessmentA structural integrity assessment (SIA) is the second of two tests required for a rebuilt vehicle to pass in order to be deemed roadworthy and insurable in British Columbia. A rebuilt vehicle must also pass the Private Vehicle Inspection (PVI). The SIA tests a vehicle’s frame, alignment and other structural safety components (ie. doors and welds) to ensure its structure meets the performance requirements originally set by the manufacturer. A rebuilt vehicle’s rust protection is also assessed to ensure it meets the manufacture’s specifications. and could not be repaired.
• The consumers complained to the VSA and asked to cancel the contract and get a full refund.
• Expert evidence from Ontario and BC was that the vehicle was not structurally safe and could not be repaired to be safe.

Outcome:

• The motor dealer committed a deliberate deceptive act or practice.
• The motor dealer was ordered to take back the motor vehicle and refund the consumer the full purchase price.
• The motor dealer was ordered to reimburse the consumers for the costs of inspecting the motor vehicle.
• The motor dealer was order to reimburse the VSA for its investigation and hearing costs.
• The motor dealer was assessed a $20,000.00 administrative penalty.
• The salesperson, Mr. Jooya, was ordered to pay a $2,000 administrative penalty.
• Due to the nature of the breach and the need to protect the public interest; the motor dealer’s registration was cancelled.

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