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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