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: JOYCE ROSE ALICE GEERING
File: 41-06
Date of Consent Order: October 30, 2007
Complaint: Contravention of sections 35(1) and 35(1)(d) of the Real Estate Services Act/Professional misconduct and incompetence
Issue: Joyce Rose Alice Geering, representative, Power 1 Realty Ltd. dba Sutton – Power 1 Realty, Penticton, who while licensed with 430871 B.C. Ltd. & 430873 B.C. Ltd. dba Sutton Group-Skaha Realty, Penticton, committed professional misconduct within the meaning of section 35(1) of the Real Estate Services Act by contravening section 35(1)(d) of the Real Estate Services Act in that she (i) failed to disclose to the buyers, before obtaining their consent to act as a limited dual agent, that the sellers were the son and daughter-in-law of the said licensee; (ii) failed to clarify with the said buyers the discrepancy in the lot size, which was .21 acres in the listing information and .19 acres in the data information; and (iii) failed to have the buyers acknowledge in the said Contract of Purchase and Sale that the fenced area on the subject property encroached on a neighboring property and that the buyers should obtain a survey to determine the extent of the full encroachment.
Result: Joyce Rose Alice Geering was suspended for seven (7) days from December 19, 2007 to December 25, 2007 (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 Joyce Rose Alice Geering and a Consent Order was issued. Further, she must complete the disciplinary education assignment applicable to 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