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Old 07-03-2022, 11:59 AM   #247
Tcoat
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Quote:
Originally Posted by Backfire View Post
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/


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)


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).
All of the manufacturers statements refer to it being unethical (which it is) not illegal. Their only recourse it to withhold allotment not a direct penalty to the dealers.
The law says they must show MSRP on the contract it does not say that is the maximum allowed.
Cars are not essential and not included in the Ford law.
The FAQ contradicts itself in stating that one line says it is the suggested maximum and the next says they can’t charge over it. So which is it.
The OMVIC documents are mostly for not being registered with a handful for not revealing all the charges in the advertising. None are for charging over MSRP.
Not one of these says it is illegal. Unethical yes. Bad for image certainly. Shouldn’t be done most definitely. Illegal? No.
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