FILE NUMBER:

HEARING DATE: November 29 and December 20, 2007

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: REGISTRAR

MOTOR DEALER and/or SALESPERSON: LUCKY 5 ENTERPRISES (Dealer #9780) AND NORWEST AUTO SALES LTD. (Dealer #30261) AND WALTER PETER TRISKA (Salesperson #103749) AND REYNALDO RIVERA (Salesperson #105976)

ISSUE:

• Operated from locations other than registered premises and operated in names other than that registered
• Failed to maintain records at the registered address
• Odometer reading issues
• Failure to disclose collision damages over $2,000
• Used “exaggeration, innuendo or ambiguity” on material facts (odometer, damage)
• Failed to disclose its out-of-province origin and misstated a material fact (cracked rear axle)

OUTCOME:

• $1,000 administrative assessment charged
• Dealers also paid costs of the hearing and investigation
• Warning letter placed in Mr. Rivera’s file
• On November 29th, Mr. Triska was ordered to work with the VSA to ensure compliance with all issues
• On December 20th, VSA was advised that the Lucky 5 dealership had closed and that Norwest had been brought up to date on compliance issues.

COMPLETE DECISION: Noted above

FOOTNOTE: Mr. Triska was suspended indefinitely in 2009. See - Salesperson suspended: Tried to extract customer cash to cover commission

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