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: MICHAEL RANDOLPH COWLING
File: 295-05
Date of Consent Order: April 12, 2007
Complaint: Contravention of section 35(1)(a) of the Real Estate Services Act and section 3-4 of the Council Rules/Professional misconduct, contravention of Act and duty to act with reasonable care
Issue: Michael Randolph Cowling, managing broker, S-376 Holdings Ltd. dba Michael Cowling and Associates Realty, Richmond, contravened section 3-4 of the Council Rules and thereby committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he: (a) failed to ascertain the nature of the caveat registered against the title of a property by the Public Guardian and Trustee, which caveat protected the interests of a seller due to his mental incapacity; (b) signed as witness to both signatures on the listing contract without seeing one of the parties sign the contract; and (c) failed to provide a copy of the said listing contract to the Public Guardian and Trustee upon request when advised by the Public Guardian and Trustee that they were representing the financial and legal affairs of one of the parties.
Result: Michael Randolph Cowling ’s licence was suspended for seven (7) days from June 20, 2007 to June 26, 2006 (inclusive) for 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 Michael Randolph Cowling, and a Consent Order was issued. In addition, as a condition of continued licensing, he is required to enroll in and attend the first available “Legal Update ” course and to pay enforcement expenses to the Council in the amount of $750.00.
P: May 14, 2007 R: May 14, 2012