Registrar's Decision

Compliance > Registrar’s Decisions > Registrar’s Decision 16-04-001 16-05-003

Registrar’s Decision 16-04-001 16-05-003

File Number: 16-04-001 and 16-05-003

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

Licensee/Unlicensed person:

OLYMPIC MOTORS (WC) III CORPORATION DBA RICHMOND KIA (Dealer #31149), OLYMPIC MOTORS (WC) IV CORPORATION DBA KIA SOUTH VANCOUVER (Dealer #30460), LARISA RENE KUNGEL (Salesperson #112104), JUSTIN MICHAEL VAN NOORD (Salesperson #118063), DANIELLE SCHELINI (Salesperson #109293), JODY LYNN FRAZER (Salesperson #116993), MIAKI HARA (Salesperson #202414), LARISA RENE KUNGEL (Salesperson #112104) and KRISTINA HARDMAN (Salesperson #101614)

Issues:

This matter deals with allegations that Olympic (WC) III and Olympic (SC) IV (the “Olympic Dealers”) overcharged consumers for their lien payouts on their vehicle trade-ins and retained those over-payments naming them as “profit” or “business manager upgrades” in internal dealer documents.
Undertakings were agreed to by the VSA and the Olympic Dealers on September 21, 2016, and the Olympic Dealers presented Undertakings to the Registrar on January 13, 2017, pursuant to section 154 of the Business Practices and Consumer Protection Act (the “BPCPA”).
The VSA objected to certain parts of the Undertakings as in their opinion the Undertakings did not reflect the agreement reached on September 21, 2016, and recommended the Registrar reject the Undertakings.

Outcome:

The Registrar rejected the Undertakings submitted by the Olympic Dealers on January 13, 2017, with no additional costs against the Olympic Dealers.
The Registrar found some provisions of the Undertakings were not in conformity with the agreement of September 21, 2016. The Registrar also found some of the VSA’s objections to be unsubstantiated or premature.
The Registrar allowed the Olympic Dealers to resubmit Undertakings taking into consideration the Registrar’s concerns, past decisions and their own agreements in their submissions by March 24, 2017 at 4:00 p.m. and if no Undertakings are presented then a full hearing would be ordered.

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