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ENFORCEMENT ACTIVITIES - REGISTRAR OF MOTOR DEALERS 2009 COMPLIANCE DECISIONS


FILE NUMBER: C08-C0037

HEARING DATE: December 17, 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: SARA AND BENITO BULICH

MOTOR DEALER and/or SALESPERSON: AUTO GALLERY GROUP INC. dba KIA SOUTH VANCOUVER (Dealer #30460)

ISSUE:

  • Consumer left $500 deposit with dealer and claimed they were told it was refundable.
  • Purchase Agreement had two subject to clauses for the benefit of the consumer.
  • Consumer said subject to clauses were not fulfilled and sought return of the deposit.
  • Dealer refused to return the $500 deposit.
OUTCOME:
  • Dealer misled the consumer to believe the deposit was refundable.
  • This is deemed a deceptive act under the Business Practices and Consumer Protection Act.
  • Dealer ordered to refund the $500.
  • Dealer ordered to reimburse the VSA its investigation costs of $1,038.16.
  • Dealer ordered to pay an administrative penalty of $1,000.00.

COMPLETE DECISION: File C08-C0037 Hearing Decision Bulich v Auto Gallery Group

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