Toronto, ON, October 22, 2015
– A Toronto-area group has been convicted of curbsiding (acting as a dealer without registration), contrary to the Motor Vehicle Dealers Act (MVDA) and committing unfair practices in breach of the Consumer Protection Act (CPA).
OMVIC, Ontario’s vehicle sales regulator, charged 2141212 Ontario Corporation (operating as Monterey Auto Repair), Amilcar Luis Monte Rey Nunez, Anibal Salomon Monte Rey Rios, Sergio Ruben Monte Rey Nunez, Bianca Daniela Lopez and Alejandra Penarrieta after an investigation found vehicles being sold illegally from Monterey Auto Repair in Toronto, and at least one other from a nearby apartment complex. “In Ontario, all dealers and salespeople must be registered with OMVIC. The repair facility was not registered, nor were any of the individuals,” explained Carey Smith, OMVIC Director of Investigations. “In fact, two of the accused, Amilcar Luis Monte Rey Nunez and Anibal Salomon Monte Rey Rios, had previous curbsiding convictions.”
Each of the individuals was also convicted of engaging in an unfair business practice, contrary to the CPA. “They were selling cars that had been written off, branded as salvage and then rebuilt, without disclosing this to the purchasers,” stated Smith. In one instance, a consumer was told the vehicle was a “good clean car.” In reality, it was a previous write-off that had sustained more than $13,000 collision damage. Another consumer, after specifically asking if the car had ever been involved in an accident, was told the car had been repaired due to “a small scratch at the bottom of the door.” That car had actually been branded as salvage after sustaining more than $10,500 in damage.
The total fine amount for the convicted parties was set at $54,500 plus 25% victim fine surcharge – to be paid within twelve months.
Curbsiders are illegal, unlicensed vehicle dealers. They often pose as private sellers, though some operate from small automotive businesses (repair shops, auto body shops, rental companies, etc.). Curbsiders not only misrepresent themselves, they often misrepresent the vehicles they sell; many are previous write-offs with undisclosed accident-damage repairs or are odometer-tampered.
Because curbsiders are not registered with OMVIC, consumers who purchase from them are deemed to have conducted a transaction with a private seller and are therefore not protected by Ontario’s consumer protection laws and do not have access to the Motor Vehicle Dealers Compensation Fund.
If a consumer is unsure that a business selling vehicles is actually registered, they should conduct a search on OMVIC’s website, or ask to see the seller’s OMVIC licence. By law, OMVIC-Registered Dealers/Salespeople must show their licence to anyone asking to see it. If the seller is unable to produce one, walk away and report them to OMVIC.
For more information on how to spot and avoid curbsiders click here. To report a suspected curbsider, call 1-888-NO-CURBS (662-8727) or email
.
To date in 2015, 40 individuals/businesses have been convicted of curbsiding; 82 additional cases are currently before the courts.
Visit OMVIC’s website to view a list of recent curbsider convictions.
OMVIC (Ontario Motor Vehicle Industry Council) administers and enforces the Motor Vehicle Dealers Act (MVDA) on behalf of the
Ministry of Government and Consumer Services. OMVIC maintains a fair and informed vehicle sales marketplace by regulating dealers and salespersons, regularly inspecting Ontario's 8,000 dealerships and 26,000 salespeople, maintaining a complaint line for consumers and conducting investigations and prosecutions of industry misconduct and illegal sales (curbsiding). OMVIC is also responsible for administering the Motor Vehicle Dealers Compensation Fund on behalf of its
Board of Trustees.
For More Information:
Terry O’Keefe
Director of Communications
416-226-4500x3525
www.omvic.on.ca
Farah Mohammed
Communications Officer
416-226-4500x3174
www.omvic.on.ca
Hassaan Shahid
Communications Officer
416-226-4500x3185
www.omvic.on.ca