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: DAVID FORD
File: 265-05
Date of Consent Order: October 23, 2007
Complaint: Contravention of sections 35(1)(d) and 27(1) of the Real Estate Services Act/Professional misconduct, incompetence and payment into trust
Issue: David Ford, representative, Nanaimo Realty Co. Ltd. dba Royal LePage Nanaimo Realty, Nanaimo, committed professional misconduct within the meaning of section 35(1)(d) of the Real Estate Services Act in that he demonstrated incompetence in that he: (a) pursuant to a contract dated July 24, 2005 (i) failed to advise the seller and/or his listing agent promptly and at all that he had not received the buyer ’s second deposit installment due July 27, 2005; (ii) failed to advise the seller and/or his listing agent promptly and at all that the buyer ’s second deposit installment was received seven days late on August 3, 2005 and that he returned it to the buyer; (iii) failed to promptly deliver to the brokerage the buyer ’s deposit installment that was received by Mr. Ford from the buyer on August 3, 2005 but returned it the same day instead to the buyer, contrary to section 27(1) of the Real Estate Services Act; and (b) pursuant to a contract dated August 19, 2005 involving a second property (i) failed to advise the seller and/or his listing agent promptly and at all that he had not received the buyer ’s initial deposit upon acceptance or on or about August 19, 2005; and (ii) failed to advise the seller and/or his listing agent promptly and at all that the buyer ’s deposit was received three days late on August 22, 2005 and that it was deposited into the brokerage trust account on August 23, 2005.
Result: David Ford was suspended for ninety (90) days from December 12, 2007 to March 10, 2008 (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 David Ford and a Consent Order was issued. Further, as a condition of continued licensing, he must pay to the Council a discipline penalty in the amount of $5,000.00 and enforcement expenses in the amount of $750.00.
P: Nov 2, 2007 R: Nov 2, 2012