FILE NUMBER: 08-70582

HEARING DATE: November 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: DOUGLAS PERKINS

MOTOR DEALER and/or SALESPERSON: MIDTOWN R.V. LTD. (Dealer #5114) AND GEORGE K. STAYBERG (Salesperson #102723) AND RANDY WILLIAM RUDNYK (Salesperson #105613)

ISSUE:

• The R.V. Dealer agreed to have a private sale run through his dealership to look like a trade-in.
• The Dealer and salesperson failed to make certain statutory declarations – damage over $2000, and out-of-province.
• The consumer claimed these missed declarations were a misrepresentation causing him to purchase the R.V. and he sought restitution.

OUTCOME:

• There was no evidence the RV had sustained damage over $2000.
• There was a failure to declare the RV as out-of-province.
• The missed declarations were not relied upon by the consumer in making his decision to buy the R.V.
• Without reliance on the missed declarations, there can be no misrepresentation causing the consumer to make an error of judgment.
• The consumer’s claim for restitution was dismissed.
• The dealer was issued a ticket for its failure to declare out-of-province.
• A warning letter was placed on the dealer’s and the salesperson’s file regarding declaring vehicles as out-of-province.

COMPLETE DECISION: File 08-70582 Hearing Decision File Perkins v Midtown & Stayberg & Rudnyk November 24, 2008

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