Registrar's Decision

Issues:

• Dealer was called to a hearing on November 30, 2007 before the Registrar of Motor Dealers for infractions under the Motor Dealer Act and the BPCPA. Hearing was postponed until December 20, 2007
• Salesperson was called to the December 20, 2007 hearing and it was held in combination with Barnes Wheaton Pontiac (DL #6928)
• On February 11, 2007 Mr. and Mrs. Simpson acquired a 2007 Pontiac Montana through a lease/purchase agreement negotiated with Barnes Wheaton Pontiac.
• Mr. and Mrs. Simpson requested that the vehicle needed to have four proper car seat anchors as opposed to the three that came with the vehicle. The dealership agreed to install the fourth seat anchor.
• The manufacturer formally advised both the dealer and the Simpsons that there was no way to properly install a fourth car seat anchor in this particular vehicle.

Outcome:

• Registrar’s decision was that a written decision would follow.
• Registrar’s written decision was that Barnes Wheaton Pontiac committed a deceptive act as outlined in Sections 4(3)(a)(i) and (v) of the BPCPA. A Compliance Order was issued where Barnes Wheaton Pontiac was ordered to take back the 2007 Pontiac Montana; unwind the lease arrangements; return to the Simpsons all monies they have paid to date for the vehicle, including the $8500 value for their trade-in and the $1893.89 cash down payment – less an adjustment for the use of the vehicle, which shall be calculated at $0.22 per km; and reimburse the VSA its investigation costs; and administrative assessment of $2000. 

Click here for the full decision (PDF)