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
Respondent: DAVID WINSTON TOOTHILL
File: 165-06
Date of Consent Order: April 19, 2007
Complaint:
Contravention of section 35(1)(d) of the Real Estate Services Act/Professional misconduct, incompetence
Issue:
David Winston Toothill, representative, currently unlicensed, who while licensed with Fernie Real Estate Company Ltd., Fernie, committed professional misconduct within the meaning of section 35(1)(d) of the Real Estate Services Act in that he demonstrated incompetence by (a) offering agency representation to the seller when he knew or ought to have known that it was inappropriate as he was a principal in the transaction, (b) failing to withdraw his agency representation of the seller when he elected to become involved as a buyer of the property, (c) failing to advise the seller and provide the time and opportunity to seek independent legal advice prior to signing the contract of purchase and sale, and (d) failing to protect and promote the interests of his client, the seller, and allowing his personal interests to conflict with his duties as a limited dual agent.
Result:
David Winston Toothill was prohibited from applying for a licence before April 3, 2007 and that as a condition of re-licensing, his new managing broker is to advise the Council in writing that they have read and reviewed the Consent Order and Agreed Statement of Facts, Proposed Acceptance of Findings and Waiver. In addition, as a condition of continued licensing, he is required to successfully complete the disciplinary education assignments applicable to Chapter 9 (Professional Ethics) of the Real Estate Trading Services Licensing Course, and to pay enforcement expenses to the Council in the amount of $750.00.
P:May 29, 2007 R: no