Registrar's Decision

Compliance > Registrar’s Decisions > Registrar’s Decision 08-70847

Registrar's Decision 08-70847

File Number: 08-70847

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: JORDANI MOTORS LTD. AND CAMILLE HUDON

Licensee/Unlicensed person:

PETER WALTER TRISKA (Salesperson #103749)

Issues:

Salesperson is alleged to have committed a deceptive act or practice.
Without the dealer’s authorization or knowledge, the salesperson informed the consumer to pay for the vehicle partially in cash directly to him and the balance to the dealer.
Salesperson claimed he was owed the money for commission on the sale.
Dealer stated the salesperson was not owed the commission and acted without the dealer’s authority.

Outcome:

The facts supported that this was a deceptive act or practice.
The consumer only paid the amount as agreed and suffered no loss. No remedy was necessary under the BPCPA.
The issue of wages/commission owing was not within the Registrar’s jurisdiction.
The conduct of the salesperson was such that suspension of his licence was necessary with conditions to have it reinstated.

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