FILE NUMBER: 08-70094

HEARING DATES: July 23 and August 20, 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: ROBERT CAR

MOTOR DEALER and/or SALESPERSON: VANCOUVER AUTO LEASING LTD. (Dealer #30407) AND SHAHRAM MOGHADDAM (Salesperson #101801)

ISSUE:

• The dealer purchased a Toyota Tacoma from I.C.B.C. that had about $28,000.00 in repairs.
• The dealer did not attempt to determine actual value of repairs relying on ICBC damage over $2,000.00 declaration.
• The dealer and Mr. Moghaddam, salesperson, declared damage over $2,000.00 but were vague and misleading when asked three times for details of the damage.
• The dealer advertised the Toyota Tacoma as having options and accessories it did not have.
• The dealer inferred the vehicle was only driven in Vancouver when the accident happened outside Edmonton, Alberta.

OUTCOME:

• Both the dealer and Mr. Moghaddam committed deceptive acts or practices.
• The dealer and Mr. Moghaddam were order to, either jointly or individually, take back the Toyota and provide a full refund of $28,473.74.
• The dealer and Mr. Moghaddam were order to, either jointly or individually, refund $3,800.00 to the consumer in lieu of returning his trade-in.
• The dealer and Mr. Moghaddam were order to, either jointly or individually, refund the VSA for its investigation and hearing costs.
• The dealer was assessed a $7,500.00 Administrative Penalty.
• Mr. Moghaddam was assessed a $750.00 Administrative Penalty and ordered to retake and pass the Level I salesperson course at his own cost.
• The dealer registration and Mr. Moghaddam’s salesperson license are to remain suspended until they seek reinstatement at a hearing before the Registrar.

COMPLETE DECISION: File 08-70094 Hearing Decision File Car v Vancouver Auto & Moghaddam October 15, 2008

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