VSA BULLETIN
Sept 15, 2009
Issue #13 - 2009

Level II salesperson course fees: Discount available: $375 now, $500 next April

Since the Level II Salesperson Certification Course for experienced salespeople began as a pilot project in 2008, "REGISTER NOW FOR DISCOUNT" has been our appeal to industry. The VSA wanted to encourage those who had completed the course offered by the Motor Dealer Standards Association (MDSA) to attend. It was important to ensure that their expertise was available to help with the development of this new course.

More than 400 salespeople from around the province have completed the advanced Level II course. It is now a professional development requirement for everyone who took the salesperson certification course five or more years ago.

The course highlights the Business Practices and Consumer Protection Act, which amended previous consumer and trade practices legislation. Given the significant changes over this five-year period, the VSA is following the continuing education practice of most other professions by adding this requirement.

Letters are now being sent to those in the Lower Mainland and Fraser Valley who were given credit for completing the MDSA certification course prior to June 1, 2004. The next group to be notified will be those who took the early VSA course between June 1 and December 31, 2004.

Early registrants can benefit from the discounted course fee of $375.  The $500 fee will go into effect on April 1, 2010, reflecting the true cost of delivering the course.

Register now for discount

The $375 fee will apply to all Level II Lower Mainland sessions prior to April 1, 2010.  Most will be held at the VSA office at 5455 152nd Street in Surrey.  Classes will be added based on demand.  Current dates include:

• January 5 & 6           North Vancouver
• January 13 & 14        Surrey
• January 28 & 29        Surrey

Note:  If you missed the discounted session(s) in your area, you may register for these classes.  Or, you can wait until we return to your area.  Future classes for each area will be scheduled 60 to 90 days prior to the course deadline included in the notification letters.  However, classes after April 1, 2010 will not be discounted.

What have participants said about the course?

• Highly relevant:  Actual case studies keep the course applicable to the day-to-day work environment.
• Practical:  With a focus on the Business Practices and Consumer Protection Act, the provincial legislation that now has the largest impact on the sale of motor vehicles in BC, the course explores issues new even to many industry veterans.
• Comprehensive:  The course also covers the Sale of Goods Act and contract law in detail, recognizing that salespeople and managers must understand complex legal concepts and be able to apply them to sales transactions.

Myths and Reality

Common industry and dealership practices are actually contrary to law because, in many ways, the BPCPA is more important to the motor vehicle sales industry than the Motor Dealer Act. There are also many long-held misconceptions about the law.

Myth: “I didn't know about it, so I'm not being deceptive.”

Reality: Under the Business Practices and Consumer Protection Act (BPCPA), an intention to deceive the consumer is not required for someone to be in violation of the Act.

Myth: “I declared ‘damages over $2,000’, so I don’t need to know or tell them the details.”

Reality: The BPCPA requires all disclosures that are material, not just the $2,000 declaration.

Myth: “They gave me a deposit, so we have a deal.”

Reality: A contract is formed when there is a meeting of the minds, not by a credit card transaction.  Directive 13 clarifies many issues around deposits and partial payments.

Myth: “Consumers have a duty to protect themselves, it’s buyer beware.”

Reality: In 1980, the Supreme Court of Canada stated that caveat emptor (let the buyer beware) had long since ceased to play any part in the sale of goods in Canada.

Myth: “I had the consumer sign that there’s no warranty, so I’m covered.”

Reality: Asking a consumer to waive rights granted to them under the Sale of Goods Act regarding the sale of a used vehicle must be done with care. Otherwise, all vehicles have an implied warranty to be safe and serviceable as transportation, unless sold as Not Suitable for Transportation and towed off the lot.

Myth: “I’m OK. It will be just their word against mine.”

Reality: Once a consumer alleges a deceptive practice or a misrepresentation under the BPCPA, the burden of proof shifts to the dealership and the salesperson to prove that it was not deceptive.

Myth: “I don’t need to use a cooling-off period waiver for a lease if they drive away with the vehicle.”

Reality: The waiver is for your protection, not the consumer’s.  It’s a simple step that protects the dealership.

Questions & Answers

What does the course do?

A key objective of the course is to show how a better understanding of the law can protect the dealership and the salesperson.

Why does it have to be two days?

The overwhelming majority of the 400 people who have taken the class have agreed that the material could not be covered in less time.  A few suggested it could be shorter and almost as many suggested that it should be longer.

Why can’t it be online?

The VSA is committed to utilizing technology
where possible. A  web-based version of the Level I course is now available and the VSA will be applying experience from that program to other courses. However, the Level II program is basically a two-way conversation on industry practices, requiring a classroom setting. It would be impossible to adequately duplicate this interaction online.

In addition, a majority of the participants reported that the opportunity to pose questions directly to the Registrar, Ken Smith, or Deputy Registrar, Ian Christman, is one of the most valuable course features.  A number noted, “They listened to our concerns, answered questions and were open and willing.”

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