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: EDWARD LEWIS BURNHAM
KENNEDY COOPER REALTY LTD.
File: 366-06
Date of Consent Order: October 31, 2007
Complaint: Contravention of sections 3(1)(a), 6(2), 7(5)(a) 35(1)(a) and 35(1)(d) of the Real Estate Services Act and section 3-1(1) of the Council Rules/Professional misconduct, incompetence, requirement of licensing, managing broker responsibilities, requirement for licensing of a representative
Issue: Kennedy-Cooper Realty Ltd., New Westminster, brokerage, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that it permitted an unlicensed representative to provide real estate services on behalf of the brokerage from on or about December 2005 until on or about mid-March 2007, contrary to section 3(1)(a) (requirement of licensing) and section 7(5)(a) (requirement of licensing of a representative) of the Real Estate Services Act.
Issue: Edward Lewis Burnham, managing broker, Kennedy-Cooper Realty Ltd., New Westminster, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he failed to fulfill his responsibilities as a managing broker for the performance of the duties imposed on the brokerage by its licence within the meaning of section 6(2) of the Real Estate Services Act and section 3-1(1) of the Council Rules (managing broker responsibilities) in that he 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 December 2005 until on or about mid-March 2007, without being licensed, before permitting him to engage in activity which required licensing, in accordance with section 3(1)(a) (requirement for licensing) and section 7(5)(a) (requirement for licensing of a representative) of the Real Estate Services Act and section 3-1(1) of the Council Rules
Result: Kennedy-Cooper Realty Ltd. 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 Kennedy-Cooper Ltd. and a Consent Order was issued. Further, Kennedy-Cooper Realty Ltd. and Edward Lewis Burnham are jointly and severally liable to pay enforcement expenses to the Council in the amount of $750.00.
Result: Edward Lewis Burnham was suspended for fourteen (14) days from December 19, 2007 to January 1, 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 Edward Lewis Burnham and a Consent Order was issued. In addition, Edward Lewis Burnham must successfully complete Chapter 2 (Mandatory Requirements under the Real Estate Services Act) of the Broker ’s Licensing Course. Further, Edward Lewis Burnham and Kennedy-Cooper Realty Ltd. are jointly and severally liable to pay enforcement expenses to the Council in the amount of $750.00.
P:Dec 10, 2007 R: Dec 10, 2012