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Registrar's Decision

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:

  • On March 29, 2016, the Registrar issued a decision to 0695949 B.C. Ltd. dba K.F.M. Auto (“KFM”) and Farshad (“Fred”) Sharifpour for breaching 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 made reckless misrepresentations to the Complainant.
  • The Registrar ordered that a second hearing be held to give KFM an opportunity to provide evidence about its operations and for the Registrar to determine compliance action to deter future non-compliance.

Outcome:

  • The Registrar considered the evidence of the Authority and KFM allowed KFM to continue as a registered motor dealer by adding conditions to its licence and issuing administrative penalties to KFM and Fred.
  • The Registrar placed the following conditions on KFM’s motor dealer registration:
  1. All motor vehicles offered for sale by 0695949 B.C. Ltd. dba KFM Auto (KFM), must pass a Provincial Private Vehicle Inspection (PVI) conducted by a designated inspection facility, or pass a mechanical and safety inspection conducted by a facility using a qualified red seal mechanic, that KFM, its officers, directors or employees, has no personal or business interest in.
  2. KFM must provide a copy of the mechanical and safety inspection report to any person considering purchasing a motor vehicle from KFM before the sale is finalized.
  3. Every consumer who purchases a motor vehicle from KFM must be given a copy of the mechanical and safety inspection report.
  4. Conditions (a), (b), and (c) may be reviewed in one year’s time from the date the conditions are imposed. The Manager of Licensing has authority to vary or remove these conditions at that time, or refer the matter back to the Registrar.
  • The Registrar placed the following condition on Mr. Sharifpour’s salesperson licence:
  1. Mr. Sharifpour must retake and successfully complete the Salesperson Certification Course at his own cost within 60 days of this decision being issued.
  • Registrar ordered KFM to pay a $1,500 administrative penalty and Mr. Sharifpour to pay a $500 administrative penalty.
  • KFM and Mr. Sharifpour are liable to pay $761.13 to the VSA in costs.

Click here for the full decision (PDF)