In the matter of THE MOTOR DEALER ACT R.S.B.C. 1996 C.316 and THE SALESPERSON LICENSING REGULATION B.C. Reg. 241/2004
Complainant: REGISTRAR
Licensee/Unlicensed person:
JUSTIN QUOCKSISTER
Issues:
A hearing was called pursuant to sections 6 and 7 of the Salesperson Licensing Regulation (the “Regulation”) to review the application of Justin Quocksister for licensing as a salesperson.
The VSA staff were concerned due to Mr. Quocksister’s conduct as follows:
Mr. Quocksister worked as an unlicensed salesperson at Vancouver Auto Liquidation contrary to section 2(2) of the Salesperson Licensing Regulation B.C. Reg. 241/2004 (the “Regulation”) and section 35 of the Motor Dealer Act, R.S.B.C. 1996 C. 316(“MDA”)
Mr. Quocksister sold a Honda CRV (the “Vehicle”) on consignment from a consumer and failed to remit all proceeds of sale to the consumer while working for Vancouver Auto Liquidation who was not authorized to sell on consignment; and
Mr. Quocksister forged the consumer’s signature on the ICBC APV9T Transfer/Tax Form transferring the consigned Vehicle to a purchaser.
Outcome:
The Registrar found Mr. Quocksister to have:
sold the Vehicle without being licensed;
acted as a salesperson on at least 49 consumer transactions while unlicensed and knowing he had to be licensed;
admitted to aiding or abetting someone to declare a lesser vehicle price to avoid taxes; and
knowingly falsified his salesperson licence application to the VSA
The Registrar found there was insufficient evidence to show that Mr. Quocksister:
forged any documents; and
received any money and failed to remit it to the consumer.
The Registrar found that Mr. Quocksister cannot be trusted to provide truthful declarations and disclosures to consumers which are a core requirement for a licensed salesperson.
The Registrar further found that being in the position of a manger that will direct and supervise sales staff increases the risk to the public.
In conclusion, Mr. Quocksister poses a future risk to the public interest, regardless of whether he is a manger or a salesperson, such that the Registrar refuses to issue Mr. Quocksister a salesperson licence.
