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Registrar’s Decision 15-12-003

File Number: 15-12-003

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: Vehicle Sales Authority and Emma Klair Haley

Licensee/Unlicensed person:

0695949 B.C. Ltd. dba K.F.M. Auto (Dealer #30312) and Farshad (Fred) Sharifpour (Salesperson #106079)

Issues:

A hearing was called to review allegations that 0695949 B.C. Ltd. dba K.F.M. Auto (“KFM”) and Farshad (“Fred”) Sharifpour breached provisions of the Business Practices and Consumer Protection Act (the “BPCPA”) during the purchase of a 2002 Audi A4 (the “Audi A4”) by Emma Klair Haley (the “Complainant”) in which they:

Failed to imprint its name and address on the purchase agreement,
Displayed and sold the Audi A4 from a location other than the registered location of KFM,
Misrepresented to the Complainant that the Audi A4 was inspected by Kelowna Audi, when it had not been so inspected,
Misrepresented that the Audi A4’s check engine light issue had been examined and resolved, and
Misled the Complainant as to the level of Warranty that they had purchased.

Outcome:

The Registrar found that the evidence showed K.F.M. made a misrepresentation both during and after the consumer transaction in breach of the deceptive act or practice provisions in section 4(1) and 5(1) of the BPCPA
The Registrar found K.F.M. Auto breached the BPCPA and was ordered to pay to the Complainant their proven loss of $1,679.67.
The Registrar found K.F.M had also breached section 3(1)(b) of the Motor Dealer Act and section 21(2) of the Motor Dealer Act Regulation.
The Registrar found that the hearing will be reconvened to determine what action should be taken against the dealer and the salesperson in order to protect the public interest. At the hearing continuation, the motor dealer and the salesperson may be liable for the costs of that hearing.

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Registrar's Decision

Registrar’s Decision 15-12-003

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