Registrar's Decision

Compliance > Registrar’s Decisions > Registrar’s Decision 12-002

Registrar's Decision 12-002

File Number: 12-002

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: TOM CROWSTON

Licensee/Unlicensed person:

PLATINUM AUTO CORPORATION & ALIZERA POURREZA & ALLEN HILL

Issues:

The consumer claimed the dealer failed to clearly declare damage over $2,000 and that the 2003 Cadillac was once registered out of province.
The dealer noted the consumer initialed all the declarations on the purchase agreement, including the damage over $2,000 and out of province.
The dealer claimed the consumer was shown a CARFAX report and an Adesa Invoice for the vehicle indicating damage and out of province origin of the 2003 Cadillac.
The consumer claimed $7,000 in damages.

Outcome:

Employers Platinum has breached the Business Practices and Consumer Protection Act by misrepresenting the 2003 Cadillac and a compliance order will issue.
Mr. Crowston has not shown that the misrepresentation of the 2003 Cadillac caused him to make “an error in judgment” resulting in $7,000 in damages.
Platinum is ordered to pay $615.77 being 50% of the Registrar’s investigation and hearing costs in this matter.
Platinum is ordered to pay an administrative penalty of $5,000 for breaching the Business Practices and Consumer Protection Act.
A condition is placed on Platinum’s registration to have all vehicles independently inspected by a third-party arm’s length designated inspection facility prior to their sale to consumers.
No findings are made nor any action taken against Mr. Pourreza.
Mr. Allen Hill’s licence is suspended for three days
Mr. Allen Hill has a condition placed on his salesperson licence to successfully complete the Level II Salesperson Certification Course at his own cost by July 31, 2012.

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Registrar's Decision

Registrar's Decision 12-002

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