Consent Order

Published on
squircle icon
Licensee
Stephen Le Sage, Stephen Edward Le Sage
Brokerage at Time of Sanctioned Activity
Point Grey Properties Inc.
Current Brokerage
Point Grey Properties Inc., Vancouver
Consent Order Date
14 June 2007

Summary

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

Complaint:

Contravention of sections 35(1)(a), 35(1)(d) and 35(1)(e) of the Real Estate Services Act by contravening section 25 of the Real Estate Services Act, sections 3-1(3)(a) and (b), 2-19, 2-22(1)(a), 7-6, 8-7.2(2)(a), and 8-7.2(2)(b)of the Council Rules/Professional misconduct, maintain proper books, records and accounts, notice of business change, Council review of accounts, transfer of strata management records

Issue:Stephen Edward Le Sage, currently unlicensed, who, while licensed as managing broker of Point Grey Properties Inc., Vancouver:

  1. failed to be in active charge and control of the business of the brokerage, contrary to section 3-1(3)(a) and (b) of the Council Rules;
  2. contravened section 25 of the Real Estate Services Act in that he failed to maintain proper books, records and accounts of the brokerage;
  3. contravened section 2-19 of the Council Rules in that he failed to respond promptly in writing to a Council inquiry;
  4. contravened section 2-22(1)(a) of the Council Rules in that he failed to notify the Council in writing of a change of the brokerage 's address;
  5. contravened section 7-6 of the Council Rules in that he failed to allow the Council 's review of the brokerages accounts, financial records and other records related to the dealings of the brokerage;
  6. contravened section 8-7.2(2)(a) of the Council Rules in that he failed to provide, after ceasing to act for a client, records of a former client within fourteen (14) days of the last bank reconciliation that related to the account of that client;
  7. contravened section 8-7.2(2)(b) of the Council Rules in that he failed to deliver property management records to the new brokerage retained by the former client within fourteen (14) days of the request of such record by the new brokerage and, further, failed to make or retain copies of the same;
  8. while there were sufficient trust funds held by the brokerage, failed to properly account for and remit all rental monies collected on behalf of a client; and
  9. while there were sufficient trust funds held by the brokerage, failed to properly account for and remit all rental monies that were collected on behalf of a second client.

Results

Stephen Edward Le Sage will not apply for licensing as a managing broker prior to November 14, 2009 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 Stephen Edward Le Sage, and a Consent Order was issued. In addition, as a condition of licensing as a managing broker, Mr. Le Sage will successfully complete the Broker 's Licensing Course. Mr. Le Sage will not apply for licensing as a representative prior to June 30, 2007 and, as a condition of licensing, Mr. Le Sage will successfully complete the disciplinary education assignments applicable to Chapter 2 (the Real Estate Services Act) and Chapter 26 (Communication and Ethics in Property Management) of the Rental Property Management Licensing Course. Mr. Le Sage further consents that any application for licensing under the Real Estate Services Act will not be considered unless a Wind Up Report for the brokerage, Point Grey Properties Inc., in a form acceptable to the Council, had been received by the Council at the time of Mr. Le Sage 's application, provided that if Mr. Le Sage does not comply with the terms as set out above, any application for reinstatement of his licence will not be considered without a qualification hearing being conducted. Further, Mr. Le Sage will pay a fine in the sum of $1,000.00 and enforcement expenses of this Consent Order to the Council in the amount of $3,000.00 as a condition of licensing or by December 14, 2007.

P:July 18, 2007 R: no