In the matter ofย THE MOTOR DEALER ACT R.S.B.C.1996 C.316 and THE BUSINESS PRACTICES AND CONSUMER PROTECTION ACT S.B.C. 2004 c.2ย
Complainant:ย GEORGE MANN
Licensee/Unlicensed person:
Ocean Park Ford
Issues:
Dealership was called to a hearing before the Registrar of Motor Dealers for infractions under the Motor Dealer Act and the BPCPA.
George Mann with the assistance of his son, obtained a 2006 Ford Fusion motor vehicle through a purchase agreement negotiated with Ocean Park Ford. Mr. Mann was 92 years at the time and passed away on January 9, 2008.
Mr. Mann and his son alleged that Ocean Park Ford either intentionally deceived George Mann or committed an unconscionable act, pursuant to Sections 4 or 8 respectively of the BPCPA.
A second purchase agreement for a 2007 Ford Focus entered into by George Mann without the assistance of his son. This agreement was completed on December 30, 2006 and cancelled and replaced the December 30, 2006 agreement for the purchase of a new 2006 Ford Fusion motor vehicle.
The purchase documents indicated that when Mr. Mann took delivery of the 2006 Ford Fusion (first vehicle) it had 60km on the odometer and that when he traded it in four days later, it showed a reading of 70km.
The 2007 Ford Focus was also a new vehicle when Mr. Mann acquired it with an odometer reading of 42km. The change in vehicles was made because Mr. Mann was not satisfied with the first vehicle and asked to exchange it.
Mr. Mann and his son were very concerned over the difference in pricing between the two transactions.
The dealer noted that Mr. Mann and his son were given clear explanations of what the second transaction involved.
Continuation of November 30, 2007 hearing was held on January 30, 2008.
Continuation of January 30, 2008 hearing was held on May 21, 2008.
Outcome:
Registrarโs decision at the May 21, 2008 hearing was that a written decision would follow.
Registrarโs written decision was that Ocean Park Ford within 45 days of the written decision, pay to Mr. Mannโs estate $6,500 being the amount Mr. Mann and his son felt was equitable in the circumstances; and that Ocean Park Ford shall reimburse the VSA for the investigation and hearing costs related to this matter.
