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JUSTIN QUOCKSISTER
Issues:· A hearing was called pursuant to sections 6 and 7 of the Salesperson Licensing Regulation (the "Regulation") to review the application of Justin Quocksister for licensing as a salesperson.
· The VSA staff were concerned due to Mr. Quocksister's conduct as follows:
(a) Mr. Quocksister worked as an unlicensed salesperson at Vancouver Auto Liquidation contrary to section 2(2) of the Salesperson Licensing Regulation B.C. Reg. 241/2004 (the "Regulation") and section 35 of the Motor Dealer Act, R.S.B.C. 1996 C. 316("MDA")
(b) Mr. Quocksister sold a Honda CRV (the "Vehicle") on consignment from a consumer and failed to remit all proceeds of sale to the consumer while working for Vancouver Auto Liquidation who was not authorized to sell on consignment; and
(c) Mr. Quocksister forged the consumer's signature on the ICBC APV9T Transfer/Tax Form transferring the consigned Vehicle to a purchaser.
· The Registrar found Mr. Quocksister to have:
(a) sold the Vehicle without being licensed;
(b) acted as a salesperson on at least 49 consumer transactions while unlicensed and knowing he had to be licensed;
(c) admitted to aiding or abetting someone to declare a lesser vehicle price to avoid taxes; and
(d) knowingly falsified his salesperson licence application to the VSA
· The Registrar found there was insufficient evidence to show that Mr. Quocksister:
(a) forged any documents; and
(b) received any money and failed to remit it to the consumer.
· The Registrar found that Mr. Quocksister cannot be trusted to provide truthful declarations and disclosures to consumers which are a core requirement for a licensed salesperson.
· The Registrar further found that being in the position of a manger that will direct and supervise sales staff increases the risk to the public.
· In conclusion, Mr. Quocksister poses a future risk to the public interest, regardless of whether he is a manger or a salesperson, such that the Registrar refuses to issue Mr. Quocksister a salesperson licence.
