Registrar's Decision 20-04-002

Outcome:

• In considering the evidence, the Registrar noted:
  (a) The agreement between Mr. Dubois and We Do Salvage was for We Do Salvage to rebuild a Ford F150 that Mr. Dubois would ultimately purchase.
  (b) Mr. Dubois left a $3,000 deposit on August 2, 2017 but on August 23, 2017 asked that it be returned as the estimated cost to rebuild the Ford was too prohibitive. The dealer agreed to the refund on August 30, 2017.
  (c) Mr. Dubois only noticed he did not receive the refund when he filed his income taxes. He filed his complaint with the Authority in January 2019.
  (d) During the investigation, and attempts to obtain the return of the deposit, We Do Salvage went out of business.
  (e) The Registrar noted the legislation only empowers the Registrar to grant remedies associated with a consumer transaction. If evidence shows the transaction (use of the vehicle) was for a business purpose, a legal presumption occurs of business use and there must be evidence to show the vehicle was intended to be used primarily for the personal, family or household use of an individual.
  (f) In this case, the evidence showed the intended use of the Ford was for a business purposes as Mr. Dubois did not notice he did not receive the refund for almost a year and only when he was filing his taxes. Tax deductions associated with a vehicle purchase indicates a business use.
  (g) There was no evidence before the Registrar to rebut the legal presumption of business use for the Ford.
• Based on the above, the Registrar ruled the transaction was a business transaction and declined to consider the complaint due to a lack of jurisdiction.