Registrar's Decision

Compliance > Registrar’s Decisions > Registrar’s Decision 16-01-002B

Registrar’s Decision 16-01-002B

File Number: 16-01-002

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 James Grieve

Licensee/Unlicensed person:

Autolines Motor Group Ltd. (Dealer #40090) and Cory Dewinetz (Salesperson #110800)

Issues:

On March 16, 2016, a hearing was held to review allegations that Autolines Motor Group Ltd. (Dealer #40090) (“Autolines”) and Cory Dewinetz (Salesperson #110800) contravened sections 4 and 5 of the Business Practices and Consumer Protection Act (“BPCPA”) by making one or more representations or by conduct that had the capability, tendency or effect of misleading James Grieve during the purchase of a 2007 Volkswagen Golf (the “2007 Golf”). Specifically, it was alleged that Autolines and Mr. Dewinetz:

Misrepresented the condition of the 2007 Golf to Mr. Grieve;
Failed to make the proper repairs to the 2007 Golf; and
Failed to disclose to Mr. Grieve that the 2007 Golf had prior damage over $2,000.

At the hearing, additional concerns were raised that Autolines and Mr. Dewinetz:

allowed an employee who was not a licenced salesperson to complete sales documents; and
failed to disclose that the 2007 Golf had been registered out of province.

Outcome:

The Registrar found that Autolines and Mr. Dewinetz did make two misrepresentations in relation to the purchase and sale of the 2007 Golf. These misrepresentations were made on the purchase agreement and orally to Mr. Grieve. Autolines and Mr. Dewinetz misrepresented the extent of prior damage to the 2007 Golf by failing to disclose the damage in excess of $8,000 which had been sustained out of British Columbia, and misrepresented that the 2007 Golf had been registered out of British Columbia.
The Registrar dismissed the consumer`s specific claims regarding paint and other claims. The consumer made no claims regarding the damage over $2,000 declaration or out of province declaration.
The Registrar also found that Autolines and Mr. Dewinetz had permitted a non-licensed person to complete and execute sales documents on behalf of Autolines.
The Registrar ordered Autolines to pay ¼ of the investigation and hearing costs in the amount of $500.
The Registrar made a compliance order against Autolines and Mr. Dewinetz.
The Registrar ordered Mr. Dewinetz to retake the Salesperson Certification Course at his own cost within 45 days of the decision.
The Registrar ordered Autolines to pay an administrative penalty in the amount of $3,000 for breaches of the BPCPA.

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