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Registrar's Decision

Registrar's Decision

File Number: C08-C0037

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: SARA AND BENITO BULICH

Licensee/Unlicensed person:

AUTO GALLERY GROUP INC. dba KIA SOUTH VANCOUVER (Dealer #30460)

Issues:

  • Consumer left $500 deposit with dealer and claimed they were told it was refundable.
  • Purchase Agreement had two subject to clauses for the benefit of the consumer.
  • Consumer said subject to clauses were not fulfilled and sought return of the deposit.
  • Dealer refused to return the $500 deposit.

Outcome:

  • Dealer misled the consumer to believe the deposit was refundable.
  • This is deemed a deceptive act under the Business Practices and Consumer Protection Act.
  • Dealer ordered to refund the $500.
  • Dealer ordered to reimburse the VSA its investigation costs of $1,038.16.
  • Dealer ordered to pay an administrative penalty of $1,000.00.

Click here for the full decision (PDF)