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
A 'tragedy that can't be measured': North Bay's forever chemical problem is also the rest of Canada's
For decades, North Bay, Ontario's water supply has harboured chemicals associated with liver and developmental issues, cancer and complications with pregnancy. It's far from the only city with that problem.
opinion How to use your credit card as a powerful wealth-building tool
Irresponsibly using a credit card can land you in financial trouble, but personal finance columnist Christopher Liew says when used properly, it can be a powerful wealth-building tool that can help grow your credit profile and create new opportunities.
WATCH Dashcam video shows terrifying near-miss on two-lane northern Ontario highway
There were some scary moments for several people on a northern Ontario highway caught on video Thursday after a chain reaction following a truck fire.
Which Canadian cities have the highest and lowest grocery prices?
Where you live plays a big factor in what you pay at the grocery store. And while it's no secret the same item may have a different price depending on the store, city or province, we wanted to see just how big the differences are, and why.
Here's what 'the hinge' move is, how to do it correctly
When you're picking something up from the floor or bending over to tie your shoe laces, you're performing "the hinge move," according to movement trainers.
Tips to make a house or apartment safe and accessible for older adults living at home
Here's a summary of tips from the U.S. National Institute on Aging and AARP, which offers a free room-by-room guide with practical suggestions for older adults living independently.
Average hourly wage in Canada now $34.95: StatCan
Average hourly wages among Canadian employees rose to $34.95 on a year-over-year basis in April, a 4.7 per cent increase, according to a Statistics Canada report released Friday morning.
'I may have some nightmares:' Man survives being bitten by 2 sharks in Bahamas
A man who was bitten by two sharks in the Bahamas said Thursday he's 'thankful that I'm here' while sharing his story of survival.
Barron Trump declines to serve as an RNC delegate
Former U.S. President Donald Trump's youngest son, Barron Trump, has declined to serve as a delegate at this summer’s Republican National Convention, according to a senior Trump campaign adviser and a statement from Melania Trump's office.