FILE NUMBER: 08-70070

HEARING DATE: June 18, 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: JONATHON THOMPSON

MOTOR DEALER and/or SALESPERSON: APPLEWOOD MOTORS INC. dba APPLEWOOD KIA (Dealer #10659)

ISSUE:

• The Motor Dealer sold to the consumer a used vehicle and failed to declare that the vehicle had high performance injectors and engine damage estimated at $6,000.00.
• The Motor Dealer warranted the balance of the manufacturer’s warranty.
• The consumer took the vehicle in for warranty repair for a loss of oil problem where it was determined the engine had damage caused by a performance enhancement chip having previously being installed. Chrysler Canada restricted the warranty, and refused to repair the engine under warranty.

OUTCOME:

• The Motor Dealer committed a deceptive act or practice.
• The Motor Dealer was ordered to take back the vehicle and refund all the consumers money.
• The Motor Dealer was ordered to pay the VSA investigation and hearing costs.
• Due to the facts of the case and that this was not the first such breach by the Motor Dealer; a $10,000.00 administrative penalty was assessed.

COMPLETE DECISION: File 08-70070 Hearing Decision File Thompson v Applewood Kia July 23, 2008

Top