Advertising

11.  Every licensee must ensure that the licensee’s advertising indicates in a conspicuous manner:
(a)  the name of the licensee as set out in the license or the trade name of the licensee as set out in the license, and
(b)  that the licensee holds an automotive business license under the Act.

Consignment sales - paying out proceeds

12.1.  A business operator who enters into a consignment agreement to sell an individual’s motor vehicle must, within 14 days of the date that the operator sells the vehicle:

(a) if the business operator has knowledge that the vehicle is subject to a lien:
(i) issue a cheque for the amount owing under the lien payable to the lienholder and take reasonable steps to ensure that the lienholder receives the amount owing, and
(ii) provide to the consignor a cheque payable to the consignor for the consignor’s share of the purchase price, being the purchase price less the amount payable to the lienholder and the business operator’s disbursements, fees and commissions, and a statement of account that meets the requirements of subsection (2), and
(b)  in any other case, provide to the consignor a cheque payable to the consignor for the consignor’s share of the purchase price, being the purchase price less the business operator’s disbursements, fees and commissions, and a statement of account that meets the requirements of subsection (2).
12.2. The statement of account must set out:
(a) the amounts required to pay out any outstanding liens on the motor vehicle,
(b)  a description of any vehicle or other personal property received as consideration for the sale of the consignor’s vehicle and the value assigned to the vehicle or other personal property, and
(c)  the amount payable to the consignor.

Consignment sales - other property received

13.  A business operator who has entered into a consignment agreement to sell an individual’s motor vehicle and has received as consideration for the sale of the consignor’s vehicle another vehicle or other personal property must, within 14 days of the date of the sale of the consignor’s vehicle,
(a) give the other vehicle or personal property to the consignor, or
(b)  deal with the property in accordance with the written instructions of the consignor.

Compliance with deemed terms

14.  A business operator who enters into a consignment agreement must comply with the terms that are, under section 33(3), deemed to be contained in the consignment agreement.

Additional standards

15.  The Director may establish standards of conduct for the automotive business or one or more of the classes of the automotive business that are in addition to those established in this Regulation.