Consent Order

Published on
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Licensee
Kevin Smetaniuk, Kevin Robert Smetaniuk
Brokerage at Time of Sanctioned Activity
Current Brokerage
Royal LePage Coronation Park, Surrey
Consent Order Date
30 October 2031

Summary

REAL ESTATE COUNCIL OF BRITISH COLUMBIA

In the matter of the Real Estate Services Act

S.B.C. 2004, c. 42

AND in the matter of a Disciplinary Hearing held pursuant to Section 41 of the Real Estate Services Act

Hearing Date: October 30, 31, 2006

Decision of Council: January 3, 2007

Complaint:

Contravention of section 27(1)(a) of the Real Estate Services Act, sections 2-19, 3-3(1)(a), 3-3(1)(d), 3-3(1)(f), 3-3(1)(g), 3-3(1)(j), 3-4, 5-6, 5-8(2) and 5-10 of the Council Rules under the Real Estate Services Act/Payment into trust, prompt response, duties to clients, duty to act honestly, inducement representations and disclosure.

Issue:

Kevin Robert Smetaniuk, representative, who while licensed with Coronation Park Holdings Ltd. dba Royal LePage Coronation Park, Surrey, contravened

  1. sections 3-3(1)(a), 3-4 and 5-6 of the Council Rules in that he made an inducement representation to the buyer by representing to her that she did not require financing to pay the entire purchase price of the subject lots as the right to purchase these lots would be assigned prior to completion and he failed to deliver to the buyer a statement signed by him clearly setting out the details of the inducement representation,
  2. sections 5-8(2) and 5-10 of the Council Rules in that he did not make adequate agency disclosure to the buyer as to the nature of his representation and, when he became a dual agent for both the buyer and the seller, he failed to disclose a substantive change in his agency relationship to both the buyer and seller;
  3. sections 3-3(1)(f) and 3-4 of the Council Rules in that he failed to ensure that the buyer was aware of all of the terms of her offer and failed to use reasonable care and skill when he had the buyer sign a partially completed contract that did not include a date, the date that the offer would expire, the name of the seller, a description of the subject lots, or the nature of his agency representation;
  4. section 27(1)(a) of the Real Estate Services Act in that he failed to promptly deliver the initial $5,000 deposit to the brokerage on receipt;
  5. section 3-4 of the Council Rules in that he failed to fully communicate with the buyer including providing her upon her request with a copy of the offer that she had signed;
  6. section 3-3(1)(a) and (g), and section 3-4 of the Council Rules in that he failed to advise the buyer that her offer had not been accepted by the seller;
  7. section 3-3(1) (a) and (i) of the Council Rules in that he put his personal interests ahead those of his clients;
  8. section 3-3(1)(j) of the Council Rules in that he failed to promptly and fully disclose the conflict of interest to the buyer when he first became aware of it;
  9. section 2-19 of the Council Rules in that he failed to respond to Council inquiries when requested to do so;
  10. sections 3-3(1)(d), (i), and (j) in that he failed to clarify to the buyer that the $25,000 cheque payable to himself was a loan from the buyer and that he:
    1. failed to take steps to avoid a conflict of interest;
    2. failed to promptly disclose the conflict of interest to the buyer;
    3. failed to advise the buyer to seek independent legal advice when he first decided to request the $25,000 loan from the buyer.

Results

Kevin Robert Smetaniuk 's licence was cancelled and an application for reissuance of his licence would not be considered for a period of five years or until January 4, 2012 and, further, that a qualification hearing would be held pursuant to section 2-6 of the Council Rules should Mr. Smetaniuk apply to become relicensed. In addition, as a condition of license reissuance, Mr. Smetaniuk shall pay a discipline penalty in the amount of $5,000 for contravening section 2-19 of the Council Rules in that he failed to respond to Council inquiries and shall pay enforcement expenses to the Council in the amount of $5,586.20.