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: SHARI LESLEY BAIRD
File: 412-05
Date of Consent Order: September 20, 2007
Complaint:
Contravention of sections 35(1)(d) and 27(4) of the Real Estate Services Act /Incompetence, trust accounts
Issue:
Shari Lesley Baird, representative, West Coast Realty Ltd. (Sur24) dba Sutton Group-West Coast Realty (Sur24), Surrey, who, while licensed with Tapestry Realty Ltd. dba Royal Group Tapestry Realty, Surrey was incompetent within the meaning of section 35(1)(d) of the Real Estate Services Act in that she (a) failed to ensure in accordance with section 27(4) of the Real Estate Services Act in a number of transactions in which she acted as a limited dual agent, that there were separate written agreements executed in instances where deposits were paid directly to the seller/developer, that buyers were advised to seek independent legal advice with respect to the payment of the deposits directly to the seller/developer and that buyers were advised that the stakeholder provisions of the Real Estate Services Act would not apply; (b) failed to ensure she withdrew from her agency obligations to her seller/developer client when she bought her own listing; and (c) failed to ensure her name was removed from two internet sites – both of which sites related to projects that she had listed with Ms. Ireland – while her real estate licence was suspended.
Result:
Shari Lesley Baird was suspended for twenty-one (21) days from November 7, 2007 to November 27, 2007 for 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 Shari Lesley Baird and a Consent Order was issued. Further, as a condition of continued licensing, she must successfully complete the disciplinary education assignment applicable to Chapter 5 (Professional Liability of Real Estate Licensees) and Chapter 12 (Law of Agency) of the Real Estate Trading Services Licensing Course and pay enforcement expenses to the Council in the amount of $750.00.
P: Oct 17, 2007 R: Oct 17, 2012