FILE NUMBER: 08-70508

HEARING DATE: November 26, 2008

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: KELLY MILLAR

MOTOR DEALER and/or SALESPERSON: HARE MOTORS LTD. (Dealer #11180) AND VIJAYA NAIDU, ALSO KNOWN AS FRANK NAIDU (Salesperson #103448)

ISSUE:

• The consumer bought a used Ford pick-up from Hare Motors who represented the vehicle as in great condition.
• There were mechanical problems with the vehicle which Hare Motors tried to repair after the sale.
• Within a few weeks of the sale it was discovered the vehicles frame and mount brackets were damaged.
• The vehicle failed a Provincial Private Vehicle Inspection and a Structural Integrity Assessment; it was illegal to be on the road.
• The consumer sought a refund and Hare Motors refused saying “buyer beware”.

OUTCOME:

• Hare Motors deliberately sold an unsafe vehicle to the consumer.
• Hare Motors was ordered to take back the vehicle and refund the purchase price and the cost of the extended warranty.
• Hare Motors was ordered to refund the cost of the PVI and the SIA to the consumer.
• Hare Motors was ordered to repay the VSA its investigation and hearing costs.
• This was the third complaint in three years of Hare Motors selling an unsafe vehicle and it was assessed a $20,000.00 administrative penalty; the salesman $750.00.
• A condition was placed on Hare Motors’ registration requiring all vehicles it sells to consumers pass a PVI before such a sale.
• Hare Motors is on warning that one more serious complaint would be grounds to cancel its registration.
• Decision varied upon reconsideration December 14, 2009.

COMPLETE DECISION:

File 08-70508 Hearing Decision Millar v Hare Motors and Naidu
File 08-70508 Hearing Decision Reconsideration File Millar v Hare Motors and Naidu December 14, 2009

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