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: HARMEN JAN BERGHUIS
File: 203-06
Date of Consent Order: November 29, 2007
Complaint: Contravention of section 35 of the Real Estate Services Act/Professional misconduct
Issue: Harmen Jan Berghuis, representative, Apex International Services Ltd. dba Century 21 Apex International, Delta, who, while licensed with Northstar Realty Ltd. (Sur) dba Royal LePage Northstar Realty (Sur), Surrey, committed professional misconduct within the meaning of section 35 of the Real Estate Services Act in that he: (a) knowingly allowed an unlicensed individual to perform real estate trading services; (b) remunerated an unlicensed individual for providing real estate trading services by providing that individual with a percentage of the commissions earned by Mr. Berghuis on the trade in real estate while knowing that the individual was unlicensed; (c) advertised on a website for the provision of real estate trading services with an unlicensed individual as though the individual was licensed, when he knew that was untrue; (d) failed to clearly indicate the licensee name of the related brokerage on his website in the course of providing real estate services; and (d) continued to provide real estate trading services in association with that unlicensed individual without ensuring that it was indicated that the individual was unlicensed, and despite advising the Council by letter that he would not do so.
Result: Harmen Jan Berghuis was suspended for twenty-one (21) days from January 23, 2008 to February 12, 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 Harmen Jan Berghuis, and a Consent Order was issued. Further, Harmen Jan Berghuis must successfully complete Chapter 2 (Real Estate Services Act) of the Real Estate Trading Services Licensing Course, enroll in and attend the first available CPE course “Professionalism it Pays! Be Safe or Be Sued! ” and pay enforcement expenses to the Council in the amount of $750.00.
P: Dec 31, 2007 R: Dec 31, 2012