REAL ESTATE COUNCIL OF BRITISH COLUMBIA
In the matter of the Real Estate Act
R.S.B.C. 1996, c. 397 As Amended
AND in the matter of a Disciplinary Hearing held pursuant to Section 31 of the Real Estate Act
Respondent: PETER BELL THEEB NEJMELDEEN
File number: 50-04
Hearing date: June 27, 2006
Complaint:
Contravention of section 9.12 of Regulation 75/61 under the Real Estate Act/Negligence
Issue:
Peter Bell Theeb Nejmeldeen, representative, who, while licensed with Envoy Realty Ltd. dba Sutton Premier Realty, Surrey, was negligent within the meaning of section 9.12 of Regulation 75/61 under the Real Estate Act in that he: (i) failed to ensure that the buyer fully understood the ramifications of signing an addendum to the contract; (ii) failed to advise or recommend to the buyer that she obtain independent legal advice before signing the addendum; (iii) failed to ascertain and or disclose to the buyer that a Stop Work Order had been issued and posted on the subject property following an inspection which indicated that the deck had been enclosed and the interior altered without a valid building permit; (iv) failed to ascertain and/or disclose to the buyer that the Final Building Approval which had been issued for the property had been voided due to work being done without a valid building permit, that no Final Building Approval had been issued, and that such approval would not be issued without removal of the unauthorized work, or a rezoning; (v) presented the buyer with a Final Building Approval for the wrong property; (vi) failed to advise the buyer to obtain a term of the contract requiring the sellers to complete and/or repair items as specified on a deficiency list forming a part of the contract; (vii) failed to advise the buyer to obtain a walkthrough inspection deficiency list clause, allowing the buyer to inspect the property an agreed number of days prior to the completion date, and to develop a deficiency list of items to be remedied by the sellers; (viii) failed to advise the buyer to obtain an appropriate deficiency holdback from the purchase price; (ix) failed to advise the buyer to obtain an appropriate builders lien holdback; (x) failed to advise the buyer to obtain a term of the contract that the seller must have finished all work and delivered to the buyer by the completion date, an unconditional municipal final building approval, or other evidence satisfactory to the buyer that construction was finished; and (xi) failed to ascertain all material facts with respect to the property in order to adequately protect the interests of the buyer.
Penalty:
Peter Bell Theeb Nejmeldeen ’s licence was suspended for twenty-one (21) days from September 20, 2006 to October 10, 2006 (inclusive). As a condition of continued licensing, Mr. Nejmeldeen successfully complete the disciplinary education assignments applicable to Chapter 10 (Law of Contract) and 11 (Contracts for Real Estate Transactions) of the Real Estate Trading Services Licensing Course, enroll in and attend the next available “Legal Update ” course and pay enforcement expenses to the Council in the amount of $4,142.60.
Further Consideration:
The Discipline Hearing Committee was reconvened to consider the effect of Mr. Nejmeldeen’s non-payment of enforcement expenses ordered by the Discipline Hearing Committee arising from the hearing that took place on June 27, 2006. The August 3, 2006 Order that the enforcement expenses in the amount of $4,142.60, as a condition of continued licensing, be paid within sixty (60) days of the date of the Order. Accordingly, enforcement expenses were due to be paid by October 1, 2006. Mr. Nejmeldeen failed to pay that amount and there was no proposal made to the Council on behalf of Mr. Nejmeldeen to pay the costs in any way other than a lump sum.
Decision:
The Discipline Hearing Committee considered the provisions of section 43(5) of the Real Estate Services Act, but declined to vary the August 3, 2006 Order. The Discipline Hearing Committee ordered that Mr. Nejmeldeen’s suspension shall continue until such time as the enforcement expenses in the amount of $4,142.60 are paid in full.
P: Sept 11, 2006 R:no