Registrar's Decision

Compliance > Registrar’s Decisions > Registrar’s Decision 16-06-001

Registrar’s Decision 16-06-001

File Number: 16-06-001

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 Tanya McRae

Licensee/Unlicensed person:

Pinnacle Car Sales & Leasing Ltd. dba Pinnacle Motors (Dealer #30793), Carmine Risi (Salesperson #111396) and John Bond (Salesperson #116940)

Issues:

On July 22, 2016, a Hearing was held to review allegations that Pinnacle Car Sales and Leasing Ltd. dba Pinnacle Motors (“Pinnacle”), Carmine Risi and John Bond (collectively “the Respondents”) breached the Business Practices and Consumer Protection Act S.B.C. 2004 c. 2 (the “BPCPA”) by representing to Tanya McRae that they would sell her 2009 Chevrolet Tahoe (the “Tahoe”) and pay off the lien.
The Registrar found the Respondents failed to pay off the lien in a timely manner. In addition, they required Ms. McRae to enter into an agreement to pay Pinnacle $3,400 for a shortfall in the selling price of the Tahoe in order to discharge the lien, when there was no such shortfall. Ms. McRae had been making monthly payments to Pinnacle to pay this amount.
The critical issue is when Pinnacle sold the Tahoe on behalf of Ms. McRae, did Pinnacle receive sufficient funds to discharge the lien against the Tahoe, or was there a shortfall necessitating Ms. McRae to make up the difference in order to discharge the lien?

Outcome:

The Registrar found that Pinnacle and Carmine Risi committed a deceptive act or practice by stating to Ms. McRae that she owed Pinnacle $3,400 because Pinnacle had paid the lien of $28,481.20 and there was a shortfall in the sale proceeds for the Tahoe. Ms. McRae acted on that misrepresentation to her financial detriment. I find that Mr. Bond did not participate in this deceptive act or practice.
The Registrar made the following compliance order that Pinnacle and Mr. Risi are to:

Abide by the Business Practices and Consumer Protection Act, the Motor Dealer Act and their regulations,
Not offer a motor vehicle for sale unless that motor vehicle is free and clear of liens,
Prior to selling the motor vehicle, Pinnacle must conduct a lien search on each vehicle offered for sale and must provide a copy of a recent lien search to each consumer prior to them agreeing to purchase a motor vehicle,
The conditions in the Pinnacle Undertakings signed by the Registrar on June 16, 2014, and September 15, 2015, remain in full effect.
Reimburse the Registrar $1,249.32 for investigation and hearing costs.

The Registrar ordered a Notice of Administrative Penalty against Pinnacle in the amount of $7,500.