View Single Post
Old 07-03-2022, 12:33 PM   #246
Backfire
Member
 
Join Date: May 2015
Drives: 2015 FR-S
Location: Ottawa, ON
Posts: 20
Thanks: 0
Thanked 8 Times in 7 Posts
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Garage
Quote:
Originally Posted by Tcoat View Post
Please show me one example of each of these claims. Just one.
Sure, now that I'm sitting on a computer and not my phone. But please, let's stop this thread jacking after this post. If you want to discuss, you can feel free to PM me sans ad hominem. Also, if you REALLY want a clear answer from the horse's mouth, send an inquiry to OMVIC (consumers@omvic.on.ca). I'm sure they can clear up any questions and give a pretty solid answer backed by legislation and current interpretations/case law.

Ref: Dealership publicly stating that it cannot charge more than MSRP...

https://www.donvalleynorthtoyota.com...ked-questions/
Quote:
MSRP stands for Manufacturer's Suggested Retail Price.
MSRP is an acronym ...

Dealers, are free to offer the vehicle for a lesser price, but never more on a new retail vehicle.

...
Ref: President of a motor vehicle corp issuing a letter to dealerships to stop price gouging...

Ref: Legal stuff (reporting)

Doug Ford warned industry writ large to not engage in price gouging due to global supply issues. Penalties were announced for gouging "necessary goods" (https://news.ontario.ca/en/release/5...-price-gouging)... however you can clearly see that the ON government will go after any industry that is reported to be violating the CPA, as in this hotel case (https://www.cbc.ca/news/canada/thund...ging-1.5687295). Again, you can read the CPA, it's intentionally left open for interpretation. These are examples of the government applying that interpretation.

Ref: Legal stuff (legislation)

O.Reg. 333/08 (emphasis and abbreviations my own)
Quote:
Contracts for sales of new motor vehicles

39. ... (2) A registered motor vehicle dealer shall ensure that any contract that the dealer enters into to sell a new motor vehicle to a purchaser who is not another registered motor vehicle dealer includes, in a clear, comprehensible and prominent manner, the following:

...
11. The manufacturer’s suggested retail price for the vehicle, excluding the price described in paragraph 12.

12. An itemized list of the manufacturer’s suggested retail price of all extra equipment and options that, under the contract, will be sold to the purchaser in connection with the vehicle or installed on the vehicle at the time of the sale.

13. The total manufacturer’s suggested retail price for the vehicle, being the total of the price described in paragraphs 11 and 12.

14. An itemized list of the charges that the purchaser is required to pay under the contract to conclude the transaction, including charges for freight, charges for inspection before delivery of the vehicle, fees and levies.

15. An itemized list of items or inducements, including guarantees or extended warranties, service plans or rights under sales policies if the dealer has agreed to provide the items or inducements to the purchaser and there is no extra charge to the purchaser for them beyond the total sale price of the motor vehicle under the contract, and the list shall show a fair and accurate description and the retail value, if any, of each of the items or inducements.

16. The total sale price under the contract, including the charges described in paragraph 14.

17. The down payment or deposit, if any, paid by the purchaser.

18. The balance that the purchaser will be required to pay under the contract.

19. An itemized list of all other charges that the purchaser will be required to pay in connection with the vehicle at the time of delivery but that are not required under the contract, such as taxes.

...
Summary of the above: MVDA makes it pretty darn clear EXACTLY how dealers are to itemize invoice/purchase contracts. Dealers are told to list MSRP, the defined necessary adds (freight, PDI, taxes, etc.), and must list options, admin fees, warranties, etc. as each individual line items. They CANNOT add their own line items for anything else, and they CANNOT change MSRP. So, although the law does not explicitly state that they cannot charge above MSRP, you can clearly see here that it's basically impossible to do so. They'd have to violate the CPA and untruthfully add addons and admin fees that would be clearly unethical in any court. The fines for doing so are also steep, I believe it's anywhere up to $500k depending on the case (no, I'm not looking that up, I'm just guessing from memory).

OMVIC cases: https://www.omvic.on.ca/portal/Consu...nvictions.aspx

(you can search individual cases and do research for yourself, I think I've explained how this works enough for today).
Backfire is offline   Reply With Quote