In the matter ofย THE MOTOR DEALER ACT R.S.B.C.1996 C.316 andย THE BUSINESS PRACTICES AND CONSUMER PROTECTION ACT S.B.C. 2004 c.2
Complainant:ย Abhyudaya Panse
Licensee/Unlicensed person:Vancouver Honda
Issues:
Consumer gave a $500 deposit to the dealer who would locate a Honda Civic for the consumer.
Consumer was assured two times the deposit was refundable if the consumer did not agree to purchase the Honda Civic.
Dealer stated they reached a deal and then the consumer backed out. The dealer told the consumer they would keep part of the deposit to cover transportation expenses.
Consumer complained that the dealer misrepresented the nature of the deposit; being it was refundable.
Outcome:
The consumerโs complaint was dismissed.
The terms and conditions of the taking and receiving of the deposit were clear – the deposit was refundable if the consumer did not agree to purchase the Honda Civic.
There was no misrepresentation about the deposit.
What is unclear is, when viewed objectively, did the consumer agree to the purchase and then back out of that agreement. That was a matter for the courts to decide.
