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Registrar's Decision

Registrar's Decision 08-70688

File Number: 08-70688 

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: CHRYSTAL LEA HARMAN

Licensee/Unlicensed person:

EAGLE RIDGE PONTIAC BUICK GMC LTD. (Dealer #8214)

Issues:

  • The consumer went to Dealer A and purchased a vehicle subject to financing.
  • Financing was approved the following morning.
  • After financing was approved, the consumer went to Dealer B and asked for their assistance in getting out of the agreement with Dealer A.
  • Dealer B made inquiries about the first sale, but the consumer provided inaccurate and incomplete information.
  • Dealer B represented they could return the car to Dealer A and sold the consumer another car.
  • There was a binding contract with Dealer A and the consumer was now liable for two cars.
  • The allegations were that Dealer B misrepresented the consumer’s right to return the first car. Alternatively, that Dealer B exerted undue pressure during the deal.

Outcome:

  • The claim against Dealer B should be dismissed
  • Dealer B made all due inquiries about the agreement with Dealer A.
  • Dealer B’s representation was consistent with the information the consumer provided Dealer B.
  • It would be unreasonable for a consumer to rely on a representation by a dealer, which is based on inaccurate and missing information provided by the consumer.
  • The consumer failed to confirm it had an agreement with Dealer A before entering into an agreement with Dealer B.

Click here for the full decision (PDF)