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: DOUGLAS ADAM BAVINGTON
GENESIS GROUP REAL ESTATE INC.
File: 379-05
Date of Consent Order: June 8, 2007
Complaint:
Contravention of sections 3(1)(a), 7(5)(a), 25, 35(1)(a), and 35(1)(d) of the Real Estate Services Act, sections 3-1(1), 3-1(3)(b), 5-11, 7-4(2), and 8-3 and Parts 7 and 8 of the Council Rules, and sections 3(2) and 42 of the former Real Estate Act/Professional misconduct, licensing, books and records, managing broker responsibility, disclosure, brokerage accounts and records
Issue:
Genesis Group Real Estate Inc., , Victoria, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that it: (a) permitted an unlicensed assistant to provide real estate services on behalf of the brokerage from on or about November 1, 2004 until on or about March 28, 2006, contrary to sections 3(1)(a) and 7(5)(a) of the Real Estate Services Act; and sections 3(2) and 42 of the former Real Estate Act; (b) did not maintain the trust accounts and records of the brokerage in accordance with the Real Estate Services Act and Council Rules, as required by section 25 of the Real Estate Services Act and Parts 7 and 8 of the Council Rules in that it: (i) failed to review, date and initial monthly trust asset and liability reconciliations, in accordance with section 7-4(2) of the Council Rules; (ii) failed to ensure that trust reconciliations were prepared in an appropriate form and timely manner, in accordance with section 8-3 of the Council Rules; (iii) failed to ensure that client ledgers did not go into an overdraft position; and (iv) in two trades, failed to disclose to a client the source and amount of the remuneration, in accordance with section 5-11 of the Council Rules.
Issue:
Douglas Adam Bavington, managing broker, Genesis Group Real Estate Inc., Victoria, committed professional misconduct within the meaning of section 35(1)(d) of the Real Estate Services Act in that he: (a) failed to follow up sufficiently in order to ensure that an unlicensed representative did not provide real estate services on behalf of the brokerage from on or about November 1, 2004 until on or about March 28, 2006, without being licensed before permitting him to engage in activity which required licensing, in accordance with sections 3(1)(a) (requirement of licensing) and 7(5)(a) (requirement for licensing of a representative) of the Real Estate Services Act, sections 3-1(1) and 3-1(3)(b) of the Council Rules, and sections 3(2) and 42 of the former Real Estate Act; (b) failed to ensure that the trust accounts and records of the brokerage were maintained in accordance with the Real Estate Services Act and Council Rules, as provided in section 25 of the Real Estate Services Act, section 3-1(3)(a), Parts 7 and 8 of the Council Rules in that he: (i) failed to review, date and initial monthly trust asset and liability reconciliations, in accordance with section 7-4(2) of the Council Rules; (ii) failed to ensure that trust reconciliations were prepared in an appropriate form and timely manner, in accordance with section 8-3 of the Council Rules; (iii) failed to ensure that client ledgers did not go into an overdraft position; and (iv) in two trades, failed to disclose to a client the source and amount of the remuneration in accordance with section 5-11 of the Council Rules.
Result:
Genesis Group Real Estate Inc. was reprimanded 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 Genesis Group Real Estate Inc., and a Consent Order was issued.
Result:
Douglas Adam Bavington was suspended for fourteen (14) days from July 25, 2007 to August 7, 2007 (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 Douglas Adam Bavington, and a Consent Order was issued. In addition, as a condition of continued licensing, Mr. Bavington must enroll in and attend the first available CPE course “What Brokerages and REALTORS Need to Know About Agency ”. Further, Mr. Bavington and Genesis Group Real Estate Inc. are jointly and severally liable to pay enforcement expenses to the Council in the amount of $750.00.
P:July 18, 2007 R: July 18, 2012