Illegal vehicle sales and odometer tampering have resulted in a 30-day jail sentence for a Mississauga man. Szymon Kozlowski, was found guilty of curbsiding—acting as a dealer without registration—contrary to the Motor Vehicles Dealers Act (MVDA), and of committing an unfair business practice—making a false, misleading or deceptive representation—in contravention of the Consumer Protection  Act (CPA).

Evidence gathered by Investigators for OMVIC, Ontario’s vehicle sales regulator, showed Kozlowski bought vehicles from private citizens between 2016 and 2017. The vehicles were then advertised by Kozlowski on Kijiji and resold, some of which had odometers that had been rolled back. “In one case, Kozlowski sold an unsuspecting consumer a 2008 Toyota with an odometer that read 56,753 kilometers. In reality, the car had more than 309,800 kilometers on it,” explained Don Cousens, OMVIC’s Manager of Investigations.

“Consumers are understandably angry when they buy a car anticipating it will provide reliable service for years, only to discover it may actually be near the end of its useful life,” stated Cousens. “Considering this was a first offence for curbsiding, the sentence demonstrates that the courts take these issues of consumer harm very seriously.”

At his recent sentencing hearing in Mississauga Provincial Offences Court, Kozlowski was convicted on four counts of curbsiding and four counts of committing an unfair business practice. He was taken into custody to begin serving a 30-day jail sentence. Kozlowski was also placed on probation for two years.

Ontario’s Motor Vehicle Dealers Act requires ALL vehicle dealers and salespeople to be registered with OMVIC. Curbsiders are illegal, unlicensed dealers. Just as curbsiders commonly misrepresent themselves—often posing as private sellers—they frequently misrepresent the vehicles they sell; many are undisclosed rebuilt wrecks or are odometer-tampered.

While curbsiders commonly pose as private sellers, many sell from small automotive-related businesses like repair centres or body shops. If a consumer is unsure whether a business selling vehicles is registered, they should search OMVIC’s website, or ask to see the seller’s OMVIC licence. If they are unable to produce one, walk away!

How to Spot a Curbsider

Curbsiders often use one or more of the following tactics to dupe car buyers:

• the vehicle is not registered to seller, or, has only been registered to the seller for a short period of time
• the vehicle is priced below market value
• the seller refuses to allow an inspection by purchaser’s mechanic
• the vehicle is not plated and/or insured; therefore, a test-drive is not possible
• the seller refuses to provide a receipt or proof of purchase
• the seller doesn’t provide the mandatory Used Vehicle Information Package (UVIP), or provides a UVIP that has been tampered with (e.g. lien or mileage info removed) or with missing pages

For more information on how to avoid curbsiders click here. To report a suspected curbsider, call 1-888-NO-CURBS (662-8727) or email nocurbs@omvic.on.ca. Information can be reported anonymously.

About OMVIC

An educated and informed consumer is a protected consumer. Visitomvic.ca to learn more about your car-buying rights and when they apply, as well asadditional tips on buying a car in Ontario.