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: ROBERT JOHN ZOOST
File: 204-05 and 327-05
Date of Hearing: February 19, 2007
Date of Council Decision: April 4, 2007
Complaint: Contravention of sections 35(1)(a) and 35(1)(d) of the Real Estate Services Act, section 2-19 of the Council Rules/Professional misconduct, incompetence, failure to respond
Issue: Robert John Zoost, representative, currently unlicensed, who, while licensed with Distinctive Properties Inc., Qualicum Beach, (a) committed professional misconduct within the meaning of section 35(1)(d) of the Real Estate Services Act in that he demonstrated incompetence by: (i) entering into commission advancement agreements in relation to the sale of a property on behalf of his brokerage without the authority of his brokerage, thereby creating a financial obligation for the said brokerage; (ii) causing the name of his managing broker to be endorsed on the said agreements without the managing broker ’s knowledge or consent; (iii) failed to notify a second company that he had previously entered into the said commission advancement agreements with the first company in relation to the sale of the said property, which resulted in him obtaining total commission assignments which exceeded the total earned commission; and (b) committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he contravened section 2-19 of the Council Rules when he failed to respond promptly to an inquiry of the Council.
Result: Robert John Zoost, who is currently unlicensed, remain unlicensed for a period of seventy-five (75) days from January 19, 2007 and that he would then be eligible to be re-licensed as a representative on the following terms: (a) he be required to remain at the brokerage with which he first becomes licensed for a period of two years from the date he first becomes licensed with that brokerage, and that he be monitored by the managing broker who shall be provided a copy of the decision, (b) be assessed a discipline penalty in the amount of $1,000 to be paid by June 1, 2007 as a condition of continued licensing. If that sum has not been paid by June 1, 2007, his licence shall be suspended forthwith until such time as the discipline penalty has been paid in full, (c) he be required to pay enforcement expenses to the Council in the amount of $2,000 by June 1, 2008 as a condition of continued licensing and if that sum is not paid by June 1, 2008, his licence shall be suspended forthwith, and (d) as a condition of continued licensing, he successfully complete the discipline education assignments applicable to Chapter 9 (Professional Ethics) of the Real Estate Trading Services Licensing Course.
P: May 10, 2007 R: Mar 10, 2012