Legal Column > What are auto dealers legally allowed (or not allowed) to do?

What are auto dealers legally allowed (or not allowed) to do?

posted on August 30, 2016

The issue of insurance coverage sold by auto dealerships keeps on resurfacing. Thanks in particular to the RCCAQ's efforts, auto dealers' practices are coming under increasing scrutiny with a view to protecting consumers. Nevertheless, it is a good idea to review what auto dealers are legally allowed to do, as well what they are prohibited from doing.

What auto dealerships ARE LEGALLY ALLOWED TO DO:

  • Offer replacement insurance (FPQ No. 5).
  • Offer life insurance, health insurance and job loss insurance if it relates to automobile financing.
  • Refer clients to an insurance representative to obtain products that the dealer is not allowed to offer.
  • Provide a client with the contact information of a representative or a registered person.
  • Provide the representative or registered person with the name and contact information of a client or list of clients. This list must only include the information required to contact the clients (name, address, email and phone numbers).
  • Receive remuneration that is in no way dependent on the referral outcome (sale/no sale of insurance products).

Also, dealerships are in principle required to inform clients that replacement insurance is also offered by brokers.

What auto dealerships ARE NOT ALLOWED TO DO:

  • Offer auto insurance (FPQ No. 1) or advise clients on the coverage provided by such contracts.
  • Gather personal information with a view to obtaining a quote.
  • Complete on the client's behalf or help the client to complete an insurance quote request or an insurance proposal (even if the client so requests).
  • Provide clients with any advice on insurance matters.
  • Make the signing of an automobile sales contract contingent on the signing of a replacement insurance contract.
  • Make the signing of a loan contract contingent on the signing of an insurance contract with an insurer designated by the auto dealership.