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
The VSA called a hearing to review Mr. Tam’s licence.
Mr. Tam had failed to take the Level II Salesperson Certification Course within the time required.
It was alleged that in a couple of instances, Mr. Tam had not properly handled dealer money while he worked for two different dealers.
Mr. Tam was accused of keeping dealer money for his own use.
Mr. Tam explained what had occurred in the first instance and his explanation was not refuted by the evidence and in fact, the VSA investigation noted its plausibility. Mr. Tam noted the dealer received its money in that instance.
Mr. Tam admitted to keeping money in the second instance out of spite for his then employer (motor dealer); but noted that he had repaid that money.
Mr. Tam’s current employer, Granville Toyota, appeared at the Registrar’s hearing in support of Mr. Tam.
Granville Toyota described the various policies and procedures it had in place to ensure employee accountability regarding dealer and consumer money.
The Registrar placed the following conditions on Mr. Tam’s salesperson licence:
Mr. Tam is not to handle consumer money except for the taking of deposits which is to be provided to his employer as soon as possible.
Mr. Tam may not change employers without prior approval of the VSA. [This is so the VSA can ensure any new employer has the same policies and procedures in place as Mr. Tam’s current employer.]
Mr. Tam is to register for the Level II Salesperson Certification Course within 14 days of the decision.
Mr. Tam is to successfully complete the Level II Salesperson Certification Course within 90 days of the decision.
These conditions will be reviewed when Mr. Tam’s licence expires on June 1, 2012.