Sunday, August 22, 2010

MDA FINE MOTORS CORP. (905) 660 4632 Reputation from FORUMS









http://forums.redflagdeals.com/mda-fine-cars-620174/

"Nothing to do with the RFD community, but I thought I'd send out a warning about this dealership since so many of the posters here are in the GTA.

So we signed a bill of sale last week to purchase a car from this dealership, MDA Fine Cars in Concord, and put down a deposit. We called back this week to see when we could pick it up, but the president/director starts to yell at us on the phone about how they are not making money on the sale, blah blah blah. So we told them we didn't care and that it was their problem, not ours. And what do we find out? THEY RE-POSTED THE CAR AT A HIGHER PRICE, even though they had already signed the bill of sale (vendor's acceptance)!!

So after going back and forth with them, we decided that it wasn't worth our time and that we really didn't want a car from this type of scamming dealership anyways. We got our deposit back and will definitely be making complaints to the Better Business Bureau and the Used Car Dealers Association.

STAY AWAY FROM THIS DEALER!!"

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I really hope this is a joke, I just got this as a private message from a user named "mda fine cars" with a topic of "cheap customer"

It reads:

Our dealerships do not bargain with bargain driven customers. You should understand that our prices are fixed, and mistakes do happened. You think you want to steal a vehicle for less its value. Our agent sold you the car with different version CE not the LE so it was a mistake but your brain did not understand it. Good luck with your bargain

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I really hope that isn't the owner of what appears to be the worst car dealership in all of Ontario. Who would actually send that garbage out? Not only did he just give one of the worst ever public relations messages, but he sent it to the wrong person.

Car dealership run by a 10 year old? I think so.

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Hello every body
Just to answer what it has been posted agaist our dealership.
Our after hours agent made a deal with the complainant on a minivan as LE Version for the price of CE lesser version. Autotrader made a mistake putting a price for the higher version as $2000 less. When we contacted the client on the next day explaining to him the problem, he and his wife became very angry claiming that they already bought the car and they should take a possesion. Now instead of charging the client extra $2000, all we requested was $700 only to make the deal valid, because we still have to certified the vehicle, showing our customer the original bill of sale on how much we paid for this van from Toyota Canada. All we asked is to break even and charge the difference of $700. Is that wrong, is that something grave we did? The problem is that our client were from a bargain driven community which it's really hard in North America to accomodate every one like that; either to accept what they want, or being a bad dealer?

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I don't buy the Autotrader excuse. MDA listed the vehicle, provided the description, priced the vehicle, I doubt that Autotrader gets any input! It is MDA's inventory not Autotrader's, if MDA doesn't know their inventory and pricing, then they lose.

In my opinion, the OP should have demanded that the contract be honoured. And MDA would have to recover their losses from the agent's future commissions.

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I was just about to drive over an hour through rush hour to look at a car this dealership had advertised. Thank goodness I did a quick google search and found this thread. How the owner thought that posting on this site would make the dealership look better is beyond me. He would've been better off fake-posting as a satisfied MDA fine motors client.

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Mda fine cars....mad, disgusted, annoyed

I recently had an experience with MDA Fine Cars that I feel I should relate.
I live in Nova Scotia. I contacted this company on Apr.20/09 concerning a Cadillac advertised on their site in the internet. I agreed to buy a particular Cadillac; there were 3 advertised; I paid a $2,000 deposit; I then made air reservations to fly to Toronto on Apr.27/09 to pick up the car. On the morning I was to leave I telephoned MDA to advise them I would be there tomorrow. I was then told that a truck had backed into my car and damaged A door. I was told I would be supplied with a similar Cadillac. Money on flight tickets would be lost if I didn't go. I went to MDA on Tues am and was told they didn't have a Cadillac available. I was also told that the car I was going to buy had both doors smashed (extensive damage). I was asked if I would be interested in another type of car. NO ! I got a receipt for a deposit refund (Visa). It took 10 days and a number of phone calls to finally get my refund credited to my account. I found a car at another dealer. I would not recommend this company to ANYONE !

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http://forums.subdriven.com/showthread.php?3976800

http://g35driver.com/forums/canada/237413-horrible-used-car-dealer-gta-people-should-avoid.html#post3310766

http://my350z.com/forum/east-canada/378034-horrible-used-car-dealer-gta-people-should-avoid.html

If you or anyone you know have bought a vehicle off them i strongly suggest you have it inspected by a reliable source and obtain a copy of complete https://www.carproof.com/
There has been reports that most salvage vehicles & frame damaged vehicles they sold in past are showing up as completely clean vehicle on those reports.
In case you have any questions or they have not refunded your deposit please file a complain with
OMVIC
https://ewconsumers.omvic.on.ca/OMVIC_Complaint_Engine/ComplaintForm.aspx
Or give them a call Complaint Handling


Phone: Phone: 416-226-4500 1-800-943-6002 Extension #5105
Fax: 416-512-3703

MDA FINE MOTORS CORP. AND MAGDA RASOUL (905)-660-4632 (416)797-2605

Licence Tribunal

Appeal d’appel en
Tribunal matière de permis

1604403 ONTARIO INC. O/A MDA FINE MOTORS CORP. AND MAGDA RASOUL
APPEAL FROM A PROPOSAL OF THE REGISTRAR UNDER
THE MOTOR VEHICLE DEALERS ACT, R.S.O. 1990, c. M.42
TO REVOKE REGISTRATION


TRIBUNAL: TERRANCE SWEENEY, Vice-Chair

APPEARANCES: JUSTIN M. JAKUBIAK, Counsel, representing the Applicants

CHRISTOPHER EZRIN, Counsel, representing the Registrar,

Motor Vehicle Dealers Act

DATES OF

HEARING: March 23 and 24, 2010 Toronto

CONSENT ORDER

On December 10, 2009, the Registrar under the Motor Vehicle Dealers Act (the

“Registrar” and the “Act”) issued a Notice of Proposal to Revoke Registration against

1604403 Ontario Inc. o/a MDA Fine Motors Corp as a motor vehicle dealer and Magda

Rasoul as a salesperson under the Act;

On March 24, 2010 the Parties entered into a Settlement Agreement (the “Settlement

Agreement”), a copy of which is attached herewith in which the Parties settled the

matter subject to the approval of this Tribunal;

AND UPON reviewing the Settlement Agreement the Tribunal is of the opinion that it is

in the public interest to make this order;

IT IS ORDERED THAT:

1. The attached Settlement Agreement is approved.


2. The registrations of 1604403 Ontario Inc. o/a MDA Fine Motors Corp. as a motor

vehicle dealer under the Act and the registration of Magda Rasoul as a salesperson

under the Act shall be and they are hereby continued.

3. The proceedings in this matter are concluded without a hearing on the basis of the

terms and conditions in the attached Settlement Agreement.


LICENCE APPEAL TRIBUNAL


_________________________

Terrance Sweeney, Vice-Chair


RELEASED: March 25, 2010

This decision may also be available on Quicklaw at a later date.



3

TO: The Licence Appeal Tribunal

1 St. Clair Avenue West, Suite 1200

Toronto, ON M4V 1K6

FROM: The Registrar

Motor Vehicle Dealers Act, 2002

Ontario Motor Vehicle Industry Council

789 Don Mills Road, Suite 800

Toronto, ON M3C 1T5

AND FROM: 1604403 Ontario Inc. o/a MDA Fine Motors Corp.

190 Millway Avenue

Concord, ON L4K 3W4

AND: Magda Rasoul

Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the “Act”), Magda Rasoul

and 1604403 Ontario Inc. o/a MDA Fine Motors Corp (“the Registrants”) and the Registrar,

Motor Vehicle Dealers Act, 2002, (“the Registrar”), in accordance with section 4.1 of the

Statutory Powers Procedure Act, do hereby waive the requirements of a hearing and consent to

an Order of the Licence Appeal Tribunal based upon the following terms and conditions:


1. By initialing, Magda Rasoul confirms that she is the sole officer and director of 1604403 Ontario

Inc. o/a MDA Fine Motors Corp. and therefore has authority to bind the corporation.

2. The parties consent to resolving the proposal to revoke the registrations of the Registrants on

these terms and conditions.

3. On consent of the parties, the prior terms and conditions governing the registration of 1604403

Ontario Inc., as agreed to on May 5, 2004, are hereby removed and replaced by these terms and

conditions.

4. These terms and conditions shall be in force from the date of signing for a period of two (2) years.

Trade in motor vehicles

5. The Registrants will ensure that all personnel, agents, assignees or anyone acting on behalf of the

Registrants to trade motor vehicles shall be registered as a salesperson to the Registrants.

6. The Registrants further acknowledges that the restrictions concerning the activities of salespersons

referred to in these Terms and Conditions apply to trading on behalf of the Registrants. "Trading"

refers to buying, selling, leasing, advertising or exchanging an interest in a motor vehicle or

negotiating or inducing or attempting to induce the buying, selling, leasing or exchanging of an

interest in a motor vehicle and is not limited to the signing of contracts. This further includes

attendance at auction on behalf of the Registrants and positions commonly referred to as Sales

Manager, Finance and Insurance Manager, Branch Manager, Business Manager, General

Manager or any individual who has supervisory authority over salespersons.

7. The Registrants will not conduct any purchases with anyone who is in the business of trading motor

vehicles without first confirming that the person is registered under the Act.

8. The Registrants will ensure that all personnel, agents, assignees or anyone acting on behalf of the

Registrants are informed concerning the terms and conditions contained in this document to the

extent necessary to ensure compliance with these terms and conditions.


9. The Registrants acknowledge and understand that their registration will not be used to trade motor

vehicles where the Registrants knows or ought to know the trading of those vehicles will facilitate

an illegal or unethical practice.

10. The Registrants agree they will not be involved with the trading of motor vehicles without the

benefit of registration.

OMVIC Transaction Fee

11. The Registrants confirm they have read the attached OMVIC Fee Notice Change and the most

current version of the Frequently Asked Questions (FAQ’s) regarding the OMVIC transaction fee.

The Registrants also confirm they understand that the transaction fee is payable on any sales or

leases to non-dealers. Without limiting the generality of the foregoing, the dealer understands the

transaction fee applies to all sales or leases to non-dealers including exports, fleet transaction and

consignments. The dealer further undertakes to provide OMVIC with documentation (upon request)

to establish that a particular transaction is exempt from the transaction fee as a dealer –to-dealer

transaction. The dealer further understands that, if he/she can not provide such as documentation

to OMVIC, he will be required to remit the transaction fee on the transaction.

Books and Records

12. The Registrants agree to maintain a garage register in accordance with the Highway Traffic Act

and will maintain all books and records as required by the Act at the Registrants’ registered

premises. The Registrants further agree to provide free access to their books and records to any

authorized representative of the Registrar.

13. The Registrants will ensure that any vehicles sold are registered in the name of the purchaser in

the records of the Ministry of Transportation before releasing the vehicle to the purchaser.


14. The Registrants will not purchase a vehicle without ensuring the vehicle is registered to the seller in

the records of the Ministry of Transportation.

15. The Registrants agree to register all vehicles purchased within 6 days in accordance with the

Highway Traffic Act.

16. The Registrants agree that, in the event their books and records are lost, stolen or destroyed in

whole or in part, they shall advise the Registrar, in writing within 5 days of discovery of the event

and shall include all relevant documentation including, but not limited to, police report, insurance

claim, affidavits etc. The Registrants further agree to make all reasonable efforts to reconstitute the

lost, stolen or damaged records.

17. The Registrants agree, prior to the removal of any records from the registered premise of the

Registrants, to obtain a receipt including the recipient’s name, address, phone number, description

of records taken, time of return and signature of recipient. The Registrants further agree to make

said receipt available to any representative of the Registrar, upon request.

18. The Registrants shall maintain books and records which accurately record the nature of

transactions involving the purchase, sale or lease of a motor vehicle. The Registrants will not be

involved in the creation of books and records which are misleading as to the nature of a transaction

involving the purchase, sale or lease of a motor vehicle.

19. Without limiting the generality of the foregoing, the Registrants agree to maintain records in

accordance with sections 52, 53, 54, 55, 56 and 57 of Ontario Regulation 333/08.


Premises

20. The Registrants acknowledge that they are responsible for complying with all applicable laws

governing their premises.

21. The Registrants agree to maintain a sign at their registered premise that is visible to the public.


22. The Registrants agree to operate exclusively from the location approved by the Registrar. The

Registrants further agree to apply for the Registrar’s approval, by way of prior written notice, of any

change in location.

23. The Registrants agree not to invite the public to deal at a place other than their approved location.

24. The Registrants will ensure that all advertisements placed by or on behalf of the Registrants will

identify the registered name and address of the location approved by the Registrar, and be in

compliance with the advertising provisions set out in Section 36 of the Regulations to the Motor

Vehicle Dealers Act 2002.

25. The Registrants will have a phone number that is publicly listed with the dealer’s registered name

and address.

DISCLOSURE

26. The Registrants agree that they are under a positive obligation to disclose in writing on the bill of

sale all material facts about the vehicles they sell or lease to customers, whether or not the

Registrants agree with the disclosure and whether or not the vehicle has been branded through the

Ministry of Transportation. “Material facts” include, but are not limited to, disclosure of salvage,

previous salvage, accidented and repaired, frame damage, theft recovery, unibody damage,

previous taxi cab, previous police car, previous daily rental, previous limo or Emergency Service

Vehicle, insurance write-off and any other material fact which, in the Registrar’s opinion, may affect

a decision to purchase or lease the vehicle. In the case of damaged vehicles, the Registrants

further agree to disclose as much detail as possible with respect to the nature and severity of the

damage in order to ensure compliance with Section 42 of the Regulations. The Registrants will

make reasonable efforts to research the history of all their vehicles prior to sale to ensure all

material facts are disclosed.

27. The Registrants agree that they will not represent any charges or fees on a bill sale as being

required by law (e.g. tax, registration fee, certification), unless said charges or fees are legally

required.

28. The Registrants agree that they are under a positive obligation to disclose in writing on the bill of

sale, the distance traveled of motor vehicles sold or leased in accordance with the Motor Vehicle

Dealers Act, 2002 and its Regulations.

29. The Registrants will not, directly or indirectly, allow the odometer reading on any motor vehicle

purchased sold or leased to be altered in any way. In case of a repair of a broken odometer, the

Registrants shall record and maintain in the reconditioning record as defined by the Act, the

reading in miles or kilometres that was on the odometer, prior to the exchange or repair.

30. The Registrants agree to accept full responsibility for the quality of any repairs or alterations to a

motor vehicle, which were completed by the Registrants’ personnel, agents, assignees or affiliated

repair facilities.


31. Without limiting the generality of the foregoing, the Registrants will ensure that all trades in motor

vehicle are completed in accordance with sections 39, 40, 41, 42 and 43 of Ontario Regulation

333/08, where applicable, and that any dealer-to-dealer trades meet the disclosure requirements

set out in section 4 of the Code of Ethics.

Financial Responsibility

32. The Registrants will comply with all aspects of the Retail Sales Tax Act with regards to filing and

ensuring all tax collections are accurately reported and remitted to the Minister of Finance, when

due. The Registrants acknowledge that all taxes collected are deemed to be trust funds and will not

be used for any other purpose other than remittance to the Minister of Finance.

33. The Registrants agrees to provide the Registrar with written notice of any new sources of financing

or guarantors for the dealership within 5 days of having arranged for or received the financing,

whichever comes first. This does not apply where the Registrants has applied on his own account

and has obtained financing from a corporation registered under the Loan and Trust Corporations

Act, The Bank Act or from a credit union or league to which the Credit Unions and Caisses

Popularies Act, as amended from time to time, applies.

34. The Registrants agree to maintain bank accounts in accordance with section 59 of Ontario

Regulation 333/08.

35. The Registrants agree to maintain a trust account in respect of any deposits made in excess of

$10,000.00 or any funds in relation to motor vehicles sold on consignment.

36. The Registrants further agree that they shall maintain the trust account in accordance with section

58 of Ontario Regulation 333/08 under the Motor Vehicle Dealers Act, 2002.

37. The Registrants agree to provide written confirmation to the Registrar that a trust account has been

established in the Dealer’s name at its financial/banking institution within 5 days of establishing

same.

Other

38. The Registrants agree that, if they receive a consumer complaint which they are unable to resolve,

they will notify the Registrar in writing within 10 days.

39. The Registrants will immediately enroll in the Ontario Motor Vehicle Industry Council’s Automotive

Certification Course and provide proof of successful completion of same on or before July 30, 2010.

40. The Registrants will ensure that any person responsible for the day-to-day operations of the

dealership will enrol in the Automotive Certification Course within 60 days of employment and will

provide proof of the successful completion of the course within 120 days of employment.

41. Madga Rasoul acknowledges that she has taken the time to carefully review these terms and

conditions, and, by signing and initialling, acknowledges that she understands their significance

and agrees to abide by them.

42. The Registrants understand that the Registrar is relying on the accuracy and completeness of all

documents, statements or information provided by the Registrants. The Registrants confirm that all

documents, information or statements provided to the Registrar are true to the best of the

Registrants’ knowledge and belief and that the Registrants have given full answers to all questions

and requests made by the Registrar in connection with the Registrants’ registration.


43. The Registrants acknowledge that the Registrar may take further administrative action, including a

proposal to revoke registration, arising from any matters that have occurred or may occur related to

honesty and integrity or financial position.

44. The Registrants acknowledge that they have obtained or had the opportunity to obtain independent

legal advice with respect to their consent to the terms and conditions set out herein.

45. The Registrants hereby consent to an Order of the Licence Appeal Tribunal including the Terms

and Conditions set out herein

Signed in the City of _________________ this _____ day of _______________ 20_____.


Magda Rasoul (please print)

(Signature) I have authority to bind the dealership.

These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.

Date:

Carl Compton

Registrar

 Source: http://www.lat.gov.on.ca/ Appeal Decisions 2009 March