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
Trudeau acknowledges charges in Nijjar killing, calls for commitment to democracy
Prime Minister Justin Trudeau has acknowledged the charges laid Friday in relation to the murder of B.C. Sikh activist Hardeep Singh Nijjar.
No proof man lied to brother about number of kittens born in litter, B.C. tribunal rules
A man was denied a $5,000 payout from his brother after a B.C. tribunal dismissed his claim disputing how many kittens were born in a litter.
Bodies recovered in Mexico likely 2 Australians, 1 American who went missing: officials
Three bodies recovered in an area of Baja California are likely to be those of the two Australians and an American who went missing last weekend during a camping and surfing trip, the state prosecutor’s office said Saturday.
Princess Anne lays wreath at B.C. veteran's cemetery; receives 21-gun salute
Princess Anne paid tribute to veterans buried at a cemetery in British Columbia today, laying a wreath to honour the more than 2,500 military personnel and family members buried there.
Mystik Dan wins the 150th Kentucky Derby at Churchill Downs in a three-horse photo finish
Mystik Dan won the 150th Kentucky Derby in a photo finish, edging out Forever Young and Sierra Leone for the upset victory.
'I just can't believe that it took so long': Body found in wreckage 3 months after deadly fire
A man accused of arson in a January Old Strathcona apartment fire is expected to be charged with manslaughter after a body was discovered in the burned building late last month.
Quebec police hand out hundreds of tickets to Hells Angels and other bikers before 'first run' meeting
Quebec provincial police handed out hundreds of fines to Hells Angels members and other supporting motorcycle clubs who met for their 'first run' in a small town near Sherbrooke, Que.
Work stoppage possible as WestJet issues lockout notice to maintenance engineers' union
A lockout notice issued by WestJet to a union representing aircraft maintenance engineers could result in a work stoppage next week.
London Drugs begins 'gradual reopening' on 7th day after cyberattack
Almost a week after all London Drugs stores across Western Canada abruptly closed amid a cyberattack, they began a "gradual reopening" on Saturday.