Registrar’s Decision

17-08-002

File Number: 17-08-002

In the matter of The Motor Dealer Act R.S.B.C. 1996 C.316
and Salesperson Licensing Regulation B.C. Reg. 241/2004
and Business Practices and Consumer Protection Act S.B.C. 2004 c.2

Complainant: Vehicle Sales Authority of BC

Licensee/Unlicensed person:

Best Import Auto Ltd (#30670), Mahyar (Mathew) Anvari (#121337), and Faridoon (Fred) Zolfgharkhani (#112992)

Issues:

• A hearing was called on allegations that Best Import Auto Ltd (#30670), Mahyar (Mathew) Anvari (#121337), and Faridoon (Fred) Zolfgharkhani (#112992) breached sections 4 and 5 (committed deceptive acts or practices) of the Business Practices and Consumer Protection Act S.B.C. c2
• It was alleged that Best Import, Anvari, and Zolfgharkhani had advertised and displayed for sale motor vehicles that were not suitable for transportation; sold motor vehicles that did not comply with the requirements of the Motor Vehicle Act; misrepresented the amount of damage sustained by the motor vehicles; and that Best Import had an unlicensed salesperson conducting business on its premises.

Outcome:

• The Registrar found that:
- Best Imports and Anvari deliberately advertised and offered motor vehicles for sale that were not compliant with the Motor Vehicle Act on at least two occasions.
- Best Imports deliberately sold a motor vehicle that was not compliant with the Motor Vehicle Act.
- Best Imports and Anvari deliberately misrepresented the amount of damage sustained on a motor vehicle.
- Best Import had an unlicensed salesperson conducting business on its premises.
- Best Import breached the conditions placed on its registration.
- Bob Shokohi, the directing mind of Best Import, intentionally tried to mislead the Registrar during the hearing.
- The cumulative conduct of Best Import such as disregarding lawful orders and of Bob Shokohi attempting to mislead the hearing, make Best Import ungovernable.

• The Registrar found:
- Zolfagharkhani did not make any misrepresentations in the advertising or displaying for sale vehicles that were not compliant with the Motor Vehicle Act.
- Anvari or Zolfagharkhani did not participate in the sale of a motor vehicle that was not compliant with the Motor Vehicle Act.
- Zolfagharkhani did not misrepresent the amount of damage sustained on a motor vehicle.

• The Registrar revoked Best Import’s motor dealer registration effective the date of his decision.
• The Registrar ordered Anvari retake and to pass, at his own cost, the Salesperson Certification Course within 90 days of the issuance of his decision a condition of Anvari’s salesperson licence.
• The Registrar dismissed all allegations against Zolfagharkhani.
• The Registrar barred Best Import or any other motor dealer in which Bob Shokohi is involved from submitting an application for registration for a period of 10 years.


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