FILE NUMBER: 08-70847
HEARING DATE: December 9, 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: JORDANI MOTORS LTD. AND CAMILLE HUDON
MOTOR DEALER and/or SALESPERSON: PETER WALTER TRISKA (Salesperson #103749)
ISSUE:
- Salesperson is alleged to have committed a deceptive act or practice.
- Without the dealer’s authorization or knowledge, the salesperson informed the consumer to pay for the vehicle partially in cash directly to him and the balance to the dealer.
- Salesperson claimed he was owed the money for commission on the sale.
- Dealer stated the salesperson was not owed the commission and acted without the dealer’s authority.
OUTCOME:
- The facts supported that this was a deceptive act or practice.
- The consumer only paid the amount as agreed and suffered no loss. No remedy was necessary under the BPCPA.
- The issue of wages/commission owing was not within the Registrar’s jurisdiction.
- The conduct of the salesperson was such that suspension of his licence was necessary with conditions to have it reinstated.
COMPLETE DECISION: File 08-70847 Hearing Decision Jordani v Triska
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