HEARING FILE NUMBER: H-25-07-002
DATE OF DECISION: November 7, 2025
COMPLAINANT: Vehicle Sales Authority of BC (the “Authority”)
Siavash Mehrpouya, Consumer Complainant
LICENSEES: Super Choice Auto Ltd. dba Lucky Stars Auto (“Lucky Stars”), Amir (Sam) Ghamary, and Aria Ebrahimi
ALLEGATIONS:
It was alleged by the Authority that the Respondents sold the consumer a vehicle that was not suitable for transportation and was not properly advertised as such. It was further alleged that the Respondents aided, abetted or caused the consumer to contravene the Motor Vehicle
Act by allowing the vehicle to be driven from its dealership. Following the sale, the Respondents prepared a second purchase agreement that did not indicate that the vehicle was not suitable for transportation. The second purchase agreement was then provided by the Respondent to a warranty provider on the consumer’s behalf in order to obtain warranty coverage for the vehicle.
FINDINGS:
Lucky Stars, through its employee Mr. Ebrahimi, failed to include in advertisements posted for the sale of the Vehicle which was not intended for transportation, a statement that the Vehicle was not suitable for transportation and sold for parts only or purposes other than transportation contrary to section 22 of the MDAR;
Lucky Stars failed to affix to the Vehicle, which was exhibited or offered for sale and not suitable for transportation, in a clear and legible manner, the statement “Not Suitable for Transportation” contrary to section 27(b) of the MDAR
Lucky Stars committed or engaged in a deceptive act or practice in respect of a consumer transaction contrary to section 5(1) of the BPCPA by creating a second purchase agreement after ownership of the Vehicle had passed to Mr. Mehrpouya and which failed to indicate that the Vehicle was not suitable for transportation and not compliant with the MVA;
Lucky Stars failed to act with honesty and integrity as required by section 33(2)(a) of the MDAR by creating a second purchase agreement after ownership of the Vehicle had passed to Mr. Mehrpouya and which failed to indicate that the Vehicle was not suitable for transportation and not compliant with the MVA; and
Lucky Stars aided, abetted or caused Mr. Mehrpouya to contravene section 219 of the MVA by allowing the Vehicle to be driven from its dealership and onto a highway when it was unsuitable for transportation, contrary to paragraph 33(2)(i)(iii) of the MDAR.
The allegations against Mr. Ebrahimi were dismissed.
PENALTY:
Lucky Stars’ motor dealer registration was suspended for a period of four months and they were ordered to pay an administrative penalty in the amount of $35,000.
Amir Ghamary’s salesperson license was suspended for a period of 30 days and he was ordered to pay and administrative penalty in the amount of $1,250.00.
Lucky Stars was also ordered to pay 75% of the Authority’s actual and legal costs with the quantum of costs to be agreed upon by the parties or assessed.
LEGISLATION:
Motor Dealer Act, RSBC 1996, c. 316.
Motor Dealer Act Regulation, BC Reg. 447/78
Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2
Motor Vehicle Act, RSBC 1996 c. 318
