January 21, 2020 - Newmarket Car Dealership and Owner Receive 4-month Suspension
Toronto, ON, January 21, 2020 – Falsifying documents and failing to disclose significant accident histories of vehicles sold has resulted in a Newmarket car dealer having its licence suspended for 120 days.
Ontario’s Vehicle Sales Regulator, OMVIC, issued a Proposal to Revoke the registration of Premium Cars Wholesale Ltd., 17065 Yonge St., Newmarket, after receiving serious complaints from numerous consumers and one dealer. Premium appealed the proposal to the Licence Appeal Tribunal, LAT, which, after a ten-day hearing, ordered the suspension.
“In seven separate vehicle sales the Tribunal found the dealer failed to disclose on bills of sale previous accident damage in excess of $3,000 and structural damage repairs,” explained John Carmichael, OMVIC CEO and Interim Registrar. “Additionally, Premium’s staff created a bill of sale to which a warranty charge and finance fee were added without the customer’s knowledge or consent and they failed to disclose accident damage on a bill of sale and then altered the bill of sale to make it appear disclosure had been made. “This behaviour is beyond the pale. Ontario’s consumers have every right to expect truth and transparency from registered dealers. That was sadly lacking in this case and that is why we tried to revoke the dealer’s licence.”
In reaching its decision the Tribunal also ordered the suspensions of Hussein Shahnematollah-Yazde (aka Shane Shah), Premium’s owner, operator, officer and director, for 120 days; and, Daniel (Danny) Amirjani, salesperson, for 90 days.
According to Stephen Scharbach, the Tribunal chairperson, “Shah was the person who had the position and power to set standards for the conduct of Premium’s business and ensure regulatory standards were met. Clearly those standards were not met…Mr. Shah allowed Premium to operate with a lack of integrity and in contravention of the Regulations.”
As a result of the suspensions, Premium Cars Wholesale Ltd. and Shane Shah, may not legally buy, sell, lease or consign motor vehicles until May 12, 2020. Danny Amirjani may not trade in motor vehicles until April 19, 2020. Consumers are warned not to buy or lease motor vehicles from, or sell or consign motor vehicles to, Premium Cars Wholesale Ltd., Shah, or Amirjani, while their registrations are suspended. Consumers who trade with an unregistered business or individual may not be protected by the Motor Vehicle Dealers Compensation Fund.
Consumers with questions or concerns about dealings with Premium Cars Wholesale Ltd. are asked to contact OMVIC’s Complaints and Inquiries Team at 1-800-943-6002x3942.
To read the LAT decision, click here.
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 30,000 salespeople, maintaining a complaint line for consumers and conducting investigations and prosecutions (or discipline proceedings) 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.
The Motor Vehicle Dealers Compensation Fund is funded by Ontario's registered motor vehicle dealers and provides compensation to consumers who have a valid claim against an Ontario-registered dealer. Qualifying consumers may be eligible to receive up to $45,000 for each valid claim to the Compensation Fund. Since its inception on July 1, 1986, the Compensation Fund has reimbursed consumers more than $6 million.
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