The used car dealership accused of having too many cars for sale has been penalized for violating its license.
Four Seasons Motor Group, 460 Humphrey St., has a Class II Used Car Dealer’s License allowing it to have six cars for sale on the property at a given time. Following an investigation involving both the Swampscott and Marblehead Police Departments, the Select Board determined the dealership violated that license.
The business has been fined $3,000 to reimburse the town for the cost of the investigation, and its used car dealer’s license will be suspended for five consecutive days, from April 6 through April 10. Additionally, the business may not park unregistered used cars on Humphrey Street or Cedar Hill Terrace, with the Select Board citing concerns about traffic congestion in the area.
The license will be suspended an additional 25 days if Four Seasons violates it again.
“I think this is a pretty clear violation,” said Select Board Chairman Peter Spellios. “I don’t want there to be a violation, I want this business to be successful.”
The decision follows hours of testimony before the Swampscott Select Board over two public hearings, including from undercover Marblehead Police officers who visited the dealership posing as potential car buyers last November.
Four Seasons, owned by Simon Terechin, was issued a violation notice in January, after police officers observed a large number of cars on the property during several inspections of the property since last May.
On Oct. 29, 2019, Swampscott Police Detective Ted Delano visited the property to find 58 cars total, with 12 parked out front, and six of the out-front cars being marked for sale. Although Terechin told Delano only six cars were for sale, Delano became suspicious because of the number of vehicles in the front lot, and enlisted the Marblehead Police Department to conduct an investigation.
On Nov. 26, Marblehead Police Sgt. Sean Brady and Detective Theresa Gay visited Four Seasons in plain clothes pretending to be interested car buyers. Brady, in his report, said he left with the impression every car on the lot was for sale after inquiring about cars without “for sale” stickers.
Also, the Four Seasons website listed about 40 cars during the investigation. Terechin testified that when a potential buyer asked about a car online, he would switch a for-sale car out front with the online-posted car, and switch the stickers. Spellios said the practice of switching for-sale cars with online cars “unavoidably” led him to believe the business was violating its license.
“If all you’re going to do is switch cars in front of the building, there is no difference between having six cars for sale and frankly every car,” Spellios said.
Select Board Vice Chair Naomi Dreeben agreed that a violation was clear because of the business’ online activities.
“We looked at the online sale opportunities, it was there in front of us, so I don’t feel torn about whether there was an infraction or wasn’t,” Dreeben said.
Thomas Beatrice, the attorney representing Four Seasons, said he disagreed with the Select Board’s findings. However, and to Spellios’ surprise, Beatrice chose to suggest a five-day suspension of license as a punishment for his client, given the probability, “under the circumstances,” the Select Board would find a violation.
Beatrice suggested the five days of suspension be served on Mondays during a five-week period. The Select Board chose to make the suspension days consecutive instead.
“I think it should be all together and I think that’s the point,” Dreeben said. “It disrupts business.”