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Registrar's Decision

Registrar's Decision 08-70582

File Number: 08-70582 

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: DOUGLAS PERKINS

Licensee/Unlicensed person:

MIDTOWN R.V. LTD. (Dealer #5114) AND GEORGE K. STAYBERG (Salesperson #102723) AND RANDY WILLIAM RUDNYK (Salesperson #105613)

Issues:

  • The R.V. Dealer agreed to have a private sale run through his dealership to look like a trade-in.
  • The Dealer and salesperson failed to make certain statutory declarations – damage over $2000, and out-of-province.
  • The consumer claimed these missed declarations were a misrepresentation causing him to purchase the R.V. and he sought restitution.

Outcome:

  • There was no evidence the RV had sustained damage over $2000.
  • There was a failure to declare the RV as out-of-province.
  • The missed declarations were not relied upon by the consumer in making his decision to buy the R.V.
  • Without reliance on the missed declarations, there can be no misrepresentation causing the consumer to make an error of judgment.
  • The consumer’s claim for restitution was dismissed.
  • The dealer was issued a ticket for its failure to declare out-of-province.
  • A warning letter was placed on the dealer’s and the salesperson’s file regarding declaring vehicles as out-of-province.

Click here for the full decision (PDF)