FILE NUMBER: 08-70472
HEARING DATE: April 15, 2009
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: CHARLES SOUTHERN
MOTOR DEALER and/or SALESPERSON: AUTOCANADA HOMETOWN MOTORS GP INC. A GENERAL PARTNER OF HOMETOWN MOTORS LP dba VICTORIA HYUNDAI (Dealer #30622) AND SCOTT ROY SWANBERG (Salesperson #103032)
ISSUE:
- Consumer purchased a Toyota Yaris.
- Dealer missed declaring the vehicle as an ex-rental.
- Consumer found this out 9 months later when the Yaris had some warranty work completed.
- Dealer offered the consumer $500 as a good will gesture for missing the declaration.
- Consumer filed a complaint with the VSA and applied to the Compensation Fund for all his money back.
OUTCOME:
- There was no evidence that the consumer relied on the missed ex-rental declaration in deciding to buy the Yaris.
- There was no evidence that the consumer suffered any damages due to the missed ex-rental declaration.
- The consumer’s complaint under the Business Practices and Consumer Protection Act was dismissed for these two reasons.
- A $460 fine was issued against the dealer for the missed declaration under the Offence Act.
- The salesperson/sales manager involved was warned that a repeated missed declaration by him may be grounds to suspend of cancel his license.
- (Consumer was told at the hearing that the Registrar probably could not enlarge the $500 good will gesture offered by the dealer).
COMPLETE DECISION: File 08-70472 Hearing Decision Southern v Victoria Hyundai & Swanberg
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