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: SONYA MARIE MAKAYEV
File: 420-05
Date of Consent Order: June 8, 2007
Complaint: Contravention of section 35(1)(d) of the Real Estate Services Act and section 5-13 of the Council Rules/Professional misconduct, incompetence, disclosure
Issue:
Sonya Marie Makayev, representative, National Home Owner Marketing Inc. (Sic) dba Century 21 Lifestyles (Sic), Sicamous, who, while licensed with Shuswap Realty Ltd. (Sic) dba Re/Max Shuswap (Sic), Sicamous, committed professional misconduct within the meaning of section 35(1)(d) of the Real Estate Services Act in that she demonstrated incompetence by: (a) failing to ensure that the buyers ’ representative was aware of the existence of a latent defect in accordance with section 5-13 of the Council Rules, namely that a septic service company had pumped out one of the two septic tanks and that it had indicated on an invoice that there may be problems with the septic system; (b) providing a document to the buyers that had been amended by her and which suggested that both septic tanks had been inspected and had been approved, when she had no personal knowledge of same and when she had not independently verified it, as it was information that originated from the sellers; and (c) favouring the interests of the sellers over the buyers.
Result:
Sonya Marie Makayev ’s licence was suspended for thirty (30) days from July 25, 2007 to August 23, 2007 (inclusive) for professional misconduct and incompetence as described above after an Agreed Statement of Facts, Proposed Acceptance of Findings and Waiver was entered into between the Real Estate Council and Sonya Marie Makayev, and a Consent Order was issued. In addition, as a condition of continued licensing, she is required to successfully complete the discipline education assignments applicable to Chapter 5 ( “The Professional Liability of Real Estate Licensees ”), Chapter 9 ( “Professional Ethics ”) and Chapter 12 ( “Law of Agency ”). As a further condition of continued licensing, she is required to pay enforcement expenses to the Council in the amount of $750.00.
P:July 18, 2007 R: July 18, 2012