Discipline Hearing: Overseas Motors (Windsor) Inc. and Talal Rafih and Bozena Mailloux and Ghasan Marie

Overseas Motors (Windsor) Inc is alleged to have breached Sections 6(1), 7(1) and 9 of the Code of Ethics:

Accountability

s.6. (2) A registered salesperson shall not do or omit to do anything that causes the registered motor vehicle dealer who employs or retains the salesperson to contravene this Regulation or any applicable law with respect to trading in motor vehicles. 

Compliance

 s.7. (1) A registrant shall ensure that all documents used by the registrant in the course of a trade in a motor vehicle are current and comply with the law.

Professionalism

9. (1) In carrying on business, a registrant shall not engage in any act or omission that, having regard to all of the circumstances, would reasonably be regarded as disgraceful, dishonourable, unprofessional or unbecoming of a registrant. O. Reg. 332/08, s. 9 (1).

(2) In carrying on a business, a registrant shall act with honesty, integrity and fairness.  O. Reg. 332/08, s. 9 (2).

(3) A registrant shall use the registrant’s best efforts to prevent error, misrepresentation, fraud or any unethical practice in respect of a trade in a motor vehicle.  O. Reg. 332/08, s. 9 (3).

(4) A registrant shall provide conscientious service to the registrant’s customers in the course of a trade in a motor vehicle and shall demonstrate reasonable knowledge, skill, judgment and competence in providing the services.  O. Reg. 332/08, s. 9 (4).

(5) If,

(a) a registered motor vehicle dealer enters into a contract to sell or lease a motor vehicle to a purchaser or lessee who is not another registered motor vehicle dealer;

(b) the purchaser or lessee trades in another motor vehicle to the dealer under the contract or to another registered motor vehicle dealer under a separate contract; and

(c) the dealer who receives the vehicle being traded in agrees to pay any outstanding loan on the vehicle or to pay any outstanding bill for the repair or storage of the vehicle, the dealer who receives the vehicle being traded in shall fulfil the dealer’s obligations under the agreement described in clause (c).  O. Reg. 332/08, s. 9 (5).

Ghasan Marie, is alleged to have breached Sections 6(2), 7(1) and 9 of the Code of Ethics:

 Accountability

 s.6. (2) A registered salesperson shall not do or omit to do anything that causes the registered motor vehicle dealer who employs or retains the salesperson to contravene this Regulation or any applicable law with respect to trading in motor vehicles. 

Compliance

s.7. (1) A registrant shall ensure that all documents used by the registrant in the course of a trade in a motor vehicle are current and comply with the law.

Professionalism

9. (1) In carrying on business, a registrant shall not engage in any act or omission that, having regard to all of the circumstances, would reasonably be regarded as disgraceful, dishonourable, unprofessional or unbecoming of a registrant. O. Reg. 332/08, s. 9 (1).

(2) In carrying on a business, a registrant shall act with honesty, integrity and fairness.  O. Reg. 332/08, s. 9 (2).

(3) A registrant shall use the registrant’s best efforts to prevent error, misrepresentation, fraud or any unethical practice in respect of a trade in a motor vehicle.  O. Reg. 332/08, s. 9 (3).

(4) A registrant shall provide conscientious service to the registrant’s customers in the course of a trade in a motor vehicle and shall demonstrate reasonable knowledge, skill, judgment and competence in providing the services.  O. Reg. 332/08, s. 9 (4).

(5) If,

(a) a registered motor vehicle dealer enters into a contract to sell or lease a motor vehicle to a purchaser or lessee who is not another registered motor vehicle dealer;

(b) the purchaser or lessee trades in another motor vehicle to the dealer under the contract or to another registered motor vehicle dealer under a separate contract; and

(c) the dealer who receives the vehicle being traded in agrees to pay any outstanding loan on the vehicle or to pay any outstanding bill for the repair or storage of the vehicle, the dealer who receives the vehicle being traded in shall fulfil the dealer’s obligations under the agreement described in clause (c).  O. Reg. 332/08, s. 9 (5).

Bozena Mailloux, is alleged to have breached Sections 6(2), 7(1) and 9 of the Code of Ethics:

Accountability

s.6. (2) A registered salesperson shall not do or omit to do anything that causes the registered motor vehicle dealer who employs or retains the salesperson to contravene this Regulation or any applicable law with respect to trading in motor vehicles. 

Compliance

s.7. (1) A registrant shall ensure that all documents used by the registrant in the course of a trade in a motor vehicle are current and comply with the law.  

Professionalism

9. (1) In carrying on business, a registrant shall not engage in any act or omission that, having regard to all of the circumstances, would reasonably be regarded as disgraceful, dishonourable, unprofessional or unbecoming of a registrant. O. Reg. 332/08, s. 9 (1).

(2) In carrying on a business, a registrant shall act with honesty, integrity and fairness.  O. Reg. 332/08, s. 9 (2).

(3) A registrant shall use the registrant’s best efforts to prevent error, misrepresentation, fraud or any unethical practice in respect of a trade in a motor vehicle.  O. Reg. 332/08, s. 9 (3).

(4) A registrant shall provide conscientious service to the registrant’s customers in the course of a trade in a motor vehicle and shall demonstrate reasonable knowledge, skill, judgment and competence in providing the services.  O. Reg. 332/08, s. 9 (4).

(5) If,

(a) a registered motor vehicle dealer enters into a contract to sell or lease a motor vehicle to a purchaser or lessee who is not another registered motor vehicle dealer;

(b) the purchaser or lessee trades in another motor vehicle to the dealer under the contract or to another registered motor vehicle dealer under a separate contract; and

(c) the dealer who receives the vehicle being traded in agrees to pay any outstanding loan on the vehicle or to pay any outstanding bill for the repair or storage of the vehicle, the dealer who receives the vehicle being traded in shall fulfil the dealer’s obligations under the agreement described in clause (c).  O. Reg. 332/08, s. 9 (5).

Talal Rafih, is alleged to have breached Sections 6(2) and 9 of the Code of Ethics:

Accountability

s.6. (2) A registered salesperson shall not do or omit to do anything that causes the registered motor vehicle dealer who employs or retains the salesperson to contravene this Regulation or any applicable law with respect to trading in motor vehicles. 

Professionalism

9. (1) In carrying on business, a registrant shall not engage in any act or omission that, having regard to all of the circumstances, would reasonably be regarded as disgraceful, dishonourable, unprofessional or unbecoming of a registrant. O. Reg. 332/08, s. 9 (1).

(2) In carrying on a business, a registrant shall act with honesty, integrity and fairness.  O. Reg. 332/08, s. 9 (2).

(3) A registrant shall use the registrant’s best efforts to prevent error, misrepresentation, fraud or any unethical practice in respect of a trade in a motor vehicle.  O. Reg. 332/08, s. 9 (3).

(4) A registrant shall provide conscientious service to the registrant’s customers in the course of a trade in a motor vehicle and shall demonstrate reasonable knowledge, skill, judgment and competence in providing the services.  O. Reg. 332/08, s. 9 (4).

(5) If,

(a) a registered motor vehicle dealer enters into a contract to sell or lease a motor vehicle to a purchaser or lessee who is not another registered motor vehicle dealer;

(b) the purchaser or lessee trades in another motor vehicle to the dealer under the contract or to another registered motor vehicle dealer under a separate contract; and

(c) the dealer who receives the vehicle being traded in agrees to pay any outstanding loan on the vehicle or to pay any outstanding bill for the repair or storage of the vehicle, the dealer who receives the vehicle being traded in shall fulfil the dealer’s obligations under the agreement described in clause (c).  O. Reg. 332/08, s. 9 (5).