Consent Order

Published on
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Licensee
Howard Hendin, Howard Joel Hendin
Brokerage at Time of Sanctioned Activity
Current Brokerage
Royal Pro Real Estate Network Inc., White Rock
Consent Order Date
8 March 2007

Summary

REAL ESTATE COUNCIL OF BRITISH COLUMBIA

In the matter of the Real Estate Services Act

S.B.C. 2004 ch. 42

AND in the matter of a Consent Order pursuant to Section 41 of the Real Estate Services Act

Complaint:

Contravention of sections 3, 27, 28, 30, 35(1) and 37 of the Real Estate Services Act sections 2-19, 3-2, 3-4, 4-5, 4-6, 5-1, and 5-3 of the Council Rules/Professional misconduct, unlicensed activity, written service agreements, licensee names must be indicated, restrictions and requirements relating to advertising, client signing authority, payment into trust, brokerage holds money as stakeholder, withdrawal from trust, duty to act honestly with reasonable care, associate broker and representative responsibilities, failure or refusal to cooperate with Council investigation

Issue:Howard Joel Hendin, currently unlicensed, who, while licensed as a representative with Royal Pro Real Estate Network Inc., White Rock, committed professional misconduct within the meaning of section 35(1) of the Real Estate Services Act in that he:

  1. allowed or permitted an unlicensed entity, Hendin Properties Inc., to provide real estate services to or on behalf of another, for or in expectation of remuneration, contrary to section 3 of the Act;
  2. undertook rental property management services to an owner of rental real estate without a waiver of the requirement for a written service agreement by the prospective client, contrary to section 5-1 of the Council Rules;
  3. required, allowed or permitted breaches of the Residential Tenancy Act of British Columbia in having some tenants pay security deposits equal to or in excess of one month 's rent contrary to the Residential Tenancy Act;
  4. provided real estate services without clearly indicating the licensee name of his related brokerage in the course of providing such real estate services, contrary to section 4-5 of the Council Rules;
  5. failed to ensure that the brokerage licensee name was clearly indicated in the course of providing real estate services, and providing real estate services without always clearly indicating the licensee name of his related brokerage, contrary to section 4-5 of the Council Rules;
  6. published real estate advertising that does not comply with section 4-6 of the Council Rules;
  7. failed to have written service agreements or complete written service agreements with respect to, specific content requirements and the requirements of some rental property management agreements, amendments and authorized signatories in accordance with section 5-1 of the Council Rules;
  8. failed to have written authorization before signing a contract on behalf of a client, contrary to section 5-3 of the Council Rules;
  9. failed to ensure rent and security deposit cheques were made payable only in the licensee name of the brokerage, marked "in trust ", contrary to sections 27, 28 and 30 of the Act;
  10. in relation to a tenancy agreement for rental of premises of a tenant and a security deposit from the tenant;
    1. failed to promptly pay or deliver to the brokerage the money held or received from, for or on behalf of the principal in relation to the real estate services, contrary to section 27(1)(a) of the Act;
    2. deposited the security deposit into a personal bank account;
    3. required, allowed or permitted a security deposit in excess of one half of one month 's rent, contrary to section 19 of the Residential Tenancy Act;
    4. failed to act with reasonable care and skill when providing real estate services, contrary to section 3-4 of the Council Rules;
    5. failed to keep the managing broker informed concerning the real estate services being provided and other activities being performed on behalf of the brokerage, contrary to section 3-2(2)(a) of the Council Rules;
    6. failed to promptly notify the managing broker on learning of conduct that the representative considers may be conduct referred to in section 3-1(2) of the Council Rules, i.e. improper conduct in relation to the security deposit, contrary to section 3-2(5)(a) or (b) of the Council Rules;
  11. in relation to a second tenant:
    1. failed to promptly provide to the managing broker the original or copy of all records referred to in section 3-2(1) of the Council Rules that are in possession of the representative and that were prepared by or on behalf of the representative, or received from or on behalf of the principal;
    2. failed to keep the managing broker informed of the real estate services being provided, and other activities being performed by the representative on behalf of the brokerage;
    3. in relation to a third tenant with regard to a security deposit from the third tenant:
    4. failed to promptly pay or deliver to the brokerage the money held or received from, for or on behalf of the principal in relation to the real estate services contrary to section 27(1)(a) of the Act;
    5. deposited the security deposit and rents into a personal bank account;
    6. required, allowed or permitted a security deposit in excess of one-half of one month 's rent, contrary to section 19 of the Residential Tenancy Act;
    7. failed to act with reasonable care and skill when providing real estate services, contrary to section 3-4 of the Council Rules;
    8. failed to keep the managing broker informed concerning the real estate services being provided, and other activities being performed on behalf of brokerage, contrary to section 3-2(2)(a) of the Council Rules;
    9. failed to promptly notify the managing broker on learning of conduct that the representative considers may be conduct referred to in section 3-1(2) of the Council Rules, i.e. improper conduct in relation to the security deposit, contrary to section 3-2(5)(a) or (b) of the Council Rules;
  12. failed to reply promptly to an inquiry addressed to the licensee by the Council, contrary to section 2-19 of the Council Rules; and (n) failed or refused to cooperate with an investigation by the Council in failing or refusing to respond to a Council inquiry.

Results

Howard Joel Hendin will not apply for licensing as a representative for a period of five (5) years commencing from May 29, 2006 to May 28, 2011 and that application will be subject to a qualification hearing pursuant to section 10 of the Real Estate Services Act and section 2-6 of the Council Rules as Mr. Hendin committed professional misconduct as described above after an Agreed Statement of Facts, Proposed Acceptance of Findings and Waiver was entered into between the Real Estate Council and Howard Joel Hendin, and a Consent Order was issued. In addition, as a condition of re-licensing, he is required to pay enforcement expenses to the Council in the amount of $1,500.00.