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: JARNAIL SINGH PUREWALL
File: 265-04
Date of Consent Order: October 29, 2007
Complaint: Contravention of sections 35(1)(a), 27(1), and 27(4) of the Real Estate Services Act, sections 3-2 and 5-9 of the Council Rules/Professional misconduct, payment into trust, disclosure of interest in trade, trading records, representative responsibilities
Issue: Jarnail Singh Purewall, representative, Medallion Realty Ltd. dba Sutton Group Medallion Realty, Surrey, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he (a) in providing trading services, failed to promptly deliver all trust monies received on behalf of a principal in relation to real estate services to the brokerage trust account, contrary to section 27(1) of the Real Estate Services Act; or in the alternative; (b) in those transactions where the seller was to directly hold deposits: (i) failed to ensure that buyers were advised to seek independent advice with respect to that deposit, and, (ii) failed to ensure that separate written agreements were in place, as required by section 27(4) of the Real Estate Services Act; (c) acted in a conflict of interest in that he, while a licensee, acted as a limited dual agent when he was also a director of the corporate seller; (d) provided trading services independent of his employing brokerage; (e) as a director of the corporate seller, in a transaction in which the corporate seller was a principal to the transaction, failed to make disclosure of that interest to buyers as required by section 5-9 of the Council Rules and (f) failed to promptly deliver to his brokerage a copy of all records as described in section 8-5 of the Council Rules to his employing brokerage, as required by section 3-2 of the Council Rules.
Result: Jarnail Singh Purewall was suspended for sixty (60) days, from December 19, 2007 to February 16, 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 Jarnail Singh Purewall and a Consent Order was issued. Further, he must complete the disciplinary education assignment applicable to Chapter 2 (Real Estate Services Act) 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:Dec 3, 2007 R: Dec 3, 2012