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: REGISTRAR
Licensee/Unlicensed person:
KEVIN D LENCH
Issues:
Kevin Lench was accused of falsifying receipts regarding a consumer deposit.
Mr. Lench took a $2,500 deposit and provided the consumer a receipt.
Mr. Lench destroyed the dealer’s copy of the receipt and created another one for $2,000 and gave the dealer $2,000.
The consumer sought the return of the deposit as financing on the purchase fell through.
The dealer provided a refund for $2,000. The consumer produced his receipt for $2,500 and the dealer provided the additional $500 refund.
The salesperson was confronted. He admitted to keeping the $500 and his employment was terminated. The dealer recovered the $500.
Various employees and management of the dealership provided evidence to the Registrar.
Outcome:
The salespersons conduct was unbecoming a salesperson in the industry and was contrary to the public interest. His licence was canceled.
Mr. Lench jeopardized the industry’s reputation and his conduct could have led to a Compensation Fund claim; a fund all dealers must pay into.
Mr. Lench was barred from re-applying for a licence for three years. There is no guarantee of getting another licence. Whether he will be re-licensed will depend on the facts at any future date.
