FILE NUMBER: 08-70880

HEARING DATE: April 29, 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: Abhyudaya Panse

MOTOR DEALER and/or SALESPERSON: Marine Drive Imported Cars Ltd. dba Vancouver Honda (Dealer #8185)

ISSUE:

• Consumer gave a $500 deposit to the dealer who would locate a Honda Civic for the consumer.
• Consumer was assured two times the deposit was refundable if the consumer did not agree to purchase the Honda Civic.
• Dealer stated they reached a deal and then the consumer backed out. The dealer told the consumer they would keep part of the deposit to cover transportation expenses.
• Consumer complained that the dealer misrepresented the nature of the deposit; being it was refundable.

OUTCOME:

• The consumer’s complaint was dismissed.
• The terms and conditions of the taking and receiving of the deposit were clear - the deposit was refundable if the consumer did not agree to purchase the Honda Civic.
• There was no misrepresentation about the deposit.
• What is unclear is, when viewed objectively, did the consumer agree to the purchase and then back out of that agreement. That was a matter for the courts to decide.

COMPLETE DECISION: Hearing Decision File 08-70880 Panse v Vancouver Honda

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