FILE NUMBER: 08-70631

HEARING DATES: September 24, 2009 and January 11, 2010

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: LARRY ANDROSOFF

MOTOR DEALER and/or SALESPERSON: PARKWOOD AUTO SALES LTD. (Dealer #10342) AND MARC-JAN BEUNE (Salesperson #101307)

ISSUE:

• Consumer alleged that Parkwood sold him a Ford pick-up that was not safe and was unsuitable for transportation.
• The consumer had the pick-up truck inspected by two repair facilities who said the vehicle was unsafe.
• The second repair facility conducted a Private Vehicle Inspection (PVI) and the Ford failed for several reasons.
• Parkwood had the Ford repaired by J-Kam and it then did a PVI and passed the Ford.

OUTCOME:

• A review of the evidence and testimony of the inspector for J-Kam indicated two items were not repaired properly.
• Parkwood did not conduct any inspection of the Ford prior to selling it.
• Parkwood did not declare that the Ford met the requirements of the Motor Vehicle Act or declare it as unsuitable for transportation.
• Parkwood’s implied representation and its conduct was that the Ford was allowed on the roads. The consumer could rely on this implied representation.
• Parkwood and Mr. Beune misrepresented the Ford as roadworthy when it was not. Parkwood committed a deceptive act. Parkwood and Mr. Beune showed reckless conduct in this case.
• The consumer’s conduct was troublesome. He sought recovery for the costs of repairs other than to make the Ford roadworthy. This conduct disentitled him to return the Ford and obtain a full refund.
• Parkwood and Mr. Beune were order to pay the consumer $2,518.84 for repairs to make the Ford meet the requirements of the Motor Vehicle Act.
• Parkwood and Mr. Beune were order to reimburse the Motor Vehicle Sales Authority for its investigation and hearing costs of $559.46.
• Parkwood was ordered to pay $12,500 as an administrative penalty. Consideration was given to Parkwood’s attempt to resolve this matter. However, the misrepresentation was reckless and involved an issue of safety.
• Mr. Beune was ordered to pay an administrative penalty of $1,000.

See the case of Re Parkwood Auto Sales Ltd & Beune & Hawes August 6, 2010 for a decision regarding Parkwood’s registration and Mr. Hawes’ and Mr. Beune’s salesperson licenses.

COMPLETE DECISION: : File 08-70631 Hearing Decision Larry Androsoff v Parkwood Auto Sales Ltd., Marc-Jan Beune Aug 6, 2010

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