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Registrar's Decision

Registrar's Decision H-25-08-005

HEARING FILE NUMBER: H-25-08-005 

DATE OF DECISION:  January 15, 2026  

COMPLAINANT Vehicle Sales Authority of BC (the “Authority”) 

Erlyn Garrow, Consumer Complainant  

LICENSEES Legacy Auto Sales Inc. dba Legacy Auto (“Legacy Auto”) 

0976736 BC Ltd. dba Surrey Mitsubishi (“Surrey Mitsubishi”) 

 

ALLEGATIONS:  

It was alleged by the Authority that Legacy Auto sold a vehicle to a consumer using a purchase agreement under Surrey Mitsubishi’s name and that Legacy Auto added an additional $10,000 to the vehicle’s sale price to assist the consumer in obtaining additional cash back in that amount from the purchase finance lender.  It was further alleged that Surrey Mitsubishi applied for financing on behalf of the consumer knowing that an additional $10,000 had been added to the vehicle’s actual sale price. 

 

FINDINGS  

The Registrar found as follows: 

Legacy Auto carried on business as a motor dealer other than in its registered name contrary to section 3(1)(b) of the Motor Dealer Act 

Legacy Auto committed or engaged in a deceptive act or practice in respect of a consumer transaction contrary to section 5(1) of the Business Practices and Consumer Protection Act (“BPCPA”) by representing in the Purchase Agreement that the Vehicle’s purchase price was $10,000.00 more than its actual purchase price; 

Surrey Mitsubishi committed or engaged in a deceptive act or practice in respect of a consumer transaction contrary to section 5(1) of the BPCPA by representing to the finance company in the Conditional Sales Contract that the Vehicle’s purchase price was $10,000.00 more than its actual purchase price; 

Legacy Auto made a false or misleading representation in the Purchase Agreement with respect to the purchase price of the Vehicle contrary to section 33(2)(e) of the Motor Dealer Act Regulation (“MDAR”); 

Surrey Mitsubishi made a false or misleading representation in the Conditional Sales Contract with respect to the purchase price of the Vehicle contrary to section 33(2)(e) of the MDAR; and 

Legacy Auto failed to include the actual selling price of the Vehicle in the Purchase Agreement contrary to section 21(1)(h) of the MDAR. 

PENALTY: 

The Registrar issued an administrative penalty to Legacy Auto and Surrey Mitsubishi in the amount of $32,500.00 on a joint and several basis. 

The Registrar also imposed a condition on each of the licenses of Legacy Auto and Surrey Mitsubishi requiring them to provide to the Registrar, no later than March 15, 2026, copies of their internal policies which address how they will institute mandatory reoccurring training for all sales and finance staff focusing on accurate agreement itemization and documentation of all representations, including vehicle disposal arrangements.   

The Registrar’s deferred its decision with respect to costs pending receipt of further written submissions from the parties. 

LEGISLATION: 

Motor Dealer Act, RSBC 1996, c. 316. 

Motor Dealer Act Regulation, BC Reg. 447/78 

Motor Vehicle Act, RSBC 1996 c. 318