Registrar's Decision 13-11-003

Issues:

• A hearing was called due to an allegation that Spartan Auto Group Ltd. (“Spartan”) and Roger Mushaluk breached the Business Practices and Consumer Protection Act (“BPCPA”) by representing to Mr. Glenn Held (the “Consumer”) that a 2009 Porsche Carrera S (the “Porsche”) had $2,650 of prior repaired damage when in fact the Porsche had more damage than was declared. There was also an allegation that Spartan and Mr. Mushaluk failed to disclose known repairs and damage at the time of sale.
• While attending the ADESA auto auction, Spartan and Mr. Mushaluk noted a Porsche was going to be auctioned. Mr. Mushaluk did some research and determined the Porsche had prior damage declared in the amount of $2,650. The Consumer admitted knowing the Porsche had a $2,650 damage declaration before Mr. Mushaluk agreed to bid on the Porsche at the auction.
• Mr. Mushaluk had the auction do an inspection on the Porsche and realized that it was a very basic inspection. The Consumer attended Spartan and had an opportunity to inspect the Porsche and agreed to finalize the sale.
• The Consumer drove the Porsche a short time and then stored if for the winter. Some months later he insured the Porsche and replaced the tires.
• The Consumer received a recall notice for the fuel pump and drove the Porsche to Vancouver to have warranty work completed. The Consumer was advised that the Porsche had approximately $15,000 – $20,000 worth of damage.
• The Consumer claims that the damage to the Porsche was misrepresented as was the quality. He is seeking to have the transaction unwound and a refund of the purchase price and certain other costs.