Registrar's Decision

Compliance > Registrar’s Decisions > Registrar’s Decision 22062011

Registrar’s Decision 22062011

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: REGISTRAR

Licensee/Unlicensed person:

AUTO EXPERTS SERVICES INCORPORATED AND JONATHON CHUNWAI CHEUNG

Issues:

Auto Experts Services Inc. and its dealer principal and the salesperson in these matters, Jonathan Chunwai Cheung, were called to a hearing. Neither appeared at the hearing although they were served with notice.
There were two consumer complaints that the dealer and Mr. Cheung had sold warranties and collected premiums but had not remitted the premiums to the warranty company.
During the investigation, Auto Experts Services Inc. suddenly closed and vacated their registered business premise. They have not advised the Registrar of any new location as required by the Motor Dealer Act.
Mr. Cheung has also disappeared and cannot be located and communication with him has also stopped. He has not advised the Registrar of any changes to his employment location or any change of address.

Outcome:

A motor dealer that ceases operations must immediately surrender their registration for cancelation: section 10 of the Motor Dealer Act.
A motor dealer is to advise the Registrar of a change in its operations, its ownership, or its new location within 14 days: section 12 of the Motor Dealer Act.
As Auto Experts is no longer operating at its registered location, has not communicated with the Registrar, and cannot be located, its registration is cancelled.
As Mr. Cheung has not communicated his change to the Registrar, cannot be located and is alleged to have directly committed deceptive acts contrary to the Business Practices and Consumer Protection Act, his licence is suspended pending further investigation.