B.C. judge dismisses realtor's claim dealership misled him about Ford Mustang
A Vancouver Island real estate agent has lost his bid to recover a deposit he made on a new Ford Mustang that he intended to offer as a prize in a year-long contest in 2020.
Duncan provincial court judge J.P. MacCarthy dismissed the claim brought by Peter Andrew Sterczyk against DFS Motors Ltd., which operates as Island Ford.
According to MacCarthy's June 21 decision, Sterczyk conceived of the contest – which he dubbed "Win My Ride" – in 2019. The idea was to promote his business by entering anyone who completed a real estate transaction with him into a draw, which would give them a chance to win his vehicle as the prize.
"His plan was to acquire a new car with dealer financing in December 2019, use it during 2020 and then draw the winner on Dec. 31, 2020, pay off the financing balance owing and transfer title to the winner in January 2021," MacCarthy's decision reads.
Sterczyk reached out to Island Ford because it was offering its own promotion at the time, called "Mustangs at Cost," which promised deep discounts on new Ford Mustangs.
The real estate agent contacted Island Ford salesperson Abraham Lee, who eventually sent him a window sticker for a vehicle at another dealership in the Lower Mainland, which Lee proposed to acquire for Sterczyk to purchase, according to the decision.
Based on the window sticker, Lee and Sterczyk agreed on an offer to purchase, and Sterczyk made a $2,500 deposit by credit card, MacCarthy's decision reads.
Though Lee did not tell Sterczyk which dealership the vehicle would be coming from, the window sticker included the Vehicle Identification Number, which allowed Sterczyk to look up the vehicle and find it advertised on the website of Mainland Ford in Surrey.
Sterczyk noticed that the vehicle listed on the website had more features than the window sticker listed, something MacCarthy concludes in his decision that neither Lee "nor any other representative" of Island Ford knew at the time Lee accepted Sterczyk's deposit.
As a result of the upgrades that had been made to the vehicle at Mainland Ford, Lee informed Sterczyk that it was no longer available at the $30,000 price point that had been agreed upon, and began looking for alternative vehicles, according to the court decision.
Sterczyk rejected three other vehicles with fewer features, arguing that the agreement he made was to purchase the specific vehicle with the VIN identified on the original window sticker.
Eventually, he took Island Ford to court over the issue.
Sterczyk's claim sought the return of his deposit, as well as damages for the alleged breach of contract, which his lawyer described in a demand letter to Island Ford as a "bait and switch."
After summarizing Sterczyk's argument that he thought he was entitled to purchase the specific Mustang with its unexpected upgrades at the agreed-upon price, MacCarthy rejected it.
"With the greatest of respect, I find that such reasoning has no merit," he writes in his decision.
"I am quite certain that the Claimant would not be adopting that reasoning (and rightly so) if it turned out to be that the features and accessories described in the vehicle’s original window sticker had actually been removed from the vehicle or were of lesser quality or fewer in number."
"In other words, on the basis of this faulty reasoning, although the vehicle being purchased by claimant would be of lesser quality or value than described in the vehicle’s original window sticker, the VIN would be entirely decisive of the subject matter of the negotiations or any resulting contract. In my view, the parties did not reach such an agreement."
Instead, the judge concluded, the agreement the parties reached involved the purchase of a "stock" Mustang for $30,000. Thus, the dealership's efforts to find a suitable replacement vehicle constituted a fulfillment of its obligations under the contract, rather than a "bait and switch" or other deceptive sales tactic.
"It was the claimant who wrongly and unreasonably rejected those alternative Mustangs and caused the breach," MacCarthy writes.
The judge dismissed Sterczyk's claim in its entirety and awarded some court costs to Island Ford.
CTVNews.ca Top Stories
'They needed people inside Air Canada:' Police announce arrests in Pearson gold heist
Police say one former and one current employee of Air Canada are among the nine suspects that are facing charges in connection with the gold heist at Pearson International Airport last year.
Why drivers in Eastern Canada could see big gas price spikes, and other Canadians won't
Drivers in Eastern Canada face a big increase in gas prices because of various factors, especially the higher cost of the summer blend, industry analysts say.
Toronto Raptors player Jontay Porter banned from NBA
Toronto Raptors player Jontay Porter has been handed a lifetime ban from The National Basketball Association (NBA) following an investigation which found he disclosed confidential information to sports bettors, the league says.
WATCH LIVE As GC Strategies partner is admonished by MPs, RCMP confirms search warrant executed
The RCMP confirmed Wednesday it had executed a search warrant at an address registered to GC Strategies. This development comes as MPs are enacting an extraordinary, rarely used parliamentary power, summoning one of its contractors to appear before the House of Commons to be admonished publicly for failing to answer questions related to the ArriveCan app.
Woman who pressured boyfriend to kill his ex in 2000s granted absences from prison
A woman who pressured her boyfriend into killing his teenage ex more than a decade ago will be allowed to leave prison for weeks at a time.
Earthquake jolts southern Japan
An earthquake with a preliminary magnitude of 6.4 hit southern Japan late on Wednesday, said the Japan Meteorological Agency, without issuing a tsunami warning.
Attempt to have murder charge quashed against alleged serial killer dismissed by judge
A motion filed by the man accused of killing four Indigenous women in Winnipeg to have one of those murder charges quashed has been dismissed by the judge – weeks before the start of his trial.
Disappointment widespread over budget's proposed $200-month disability benefit funding
Advocacy groups across Canada are expressing widespread disappointment about the amount of funding earmarked in the 2024 federal budget for the long-awaited Canada Disability Benefit.
Former Sask. massage therapist who sexually assaulted clients has day parole revoked
A former massage therapist who pleaded guilty to a string of sexual assaults has had his day parole revoked.