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Registrar's Decision

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.

Click here for the full decision (PDF)

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