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0695949 B.C. Ltd. dba K.F.M. (Dealer #30312)
Issues:• Pursuant to Sections 5 and 6 of the Motor Dealer Act (“MDA”), the dealer was called to a hearing for operating with unlicensed salespeople.
• At the hearing, evidence showed the dealer had other licensing issues such as renewing on time, and responding to request for records.
• Compliance Officer Hoy gave evidence that the person washing cars at the dealership, and who was unlicensed, engaged in conduct of a salesperson. Compliance Officer Hoy also noted that the dealer principal, the only current licensed salesperson, was often at his son’s dealership.
• The dealer admitted that on at least three occasions, he was away from the dealership and there was no licensed salesperson on site. He did not contest Mr. Hoy’s evidence.
• The evidence showed K.F.M. is in the process of having a person licensed as a salesperson.
• Pursuant to Section 5(b)(ii) of the MDA, the Registrar ordered that K.F.M. Auto’s dealer registration be suspended for a period of three days.
• During the suspension, K.F.M. Auto may not engage in the "lease, exchange or other disposition or supply of a motor vehicle to an individual primarily for the individual’s personal or family use."
• The Registrar added a condition to K.F.M.’s registration that it may not be open for business unless there is a licensed salesperson on duty. This condition may be reviewed again once the new licensed salesperson is in place.
