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: NAVINDRA KUMAR SAHAY
File: 462-05
Date of Consent Order: November 16, 2007
Complaint: Contravention of section 35(1)(d) of the Real Estate Services Act/Professional misconduct, incompetence
Issue: Navindra Kumar Sahay, representative, Performance Realty Ltd. dba Re/Max Performance Realty, Delta, committed professional misconduct within the meaning of section 35(1)(d) of the Real Estate Services Act in that he: (a) acted in a conflict of interest when he represented the buyer as a limited dual agent when he loaned the sellers the sum of $10,000.00 and registered this loan as a mortgage against the title of the subject property after listing the property; and (b) failed to disclose the fact that he had registered a mortgage against the title of the property to his client buyer prior to his client buyer ’s purchase of the property.
Result: Navindra Kumar Sahay was suspended for seven (7) days from January 2, 2008 to January 8, 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 Navindra Kumar Sahay, and a Consent Order was issued. Further, Navindra Kumar Sahay must complete the disciplinary education assignment applicable to Chapter 2 (The Real Estate Services Act) of the Real Estate Trading Services Licensing Course, enroll in and attend the first available CPE course “What Brokerages and REALTORS Need to Know about Agency ” and pay enforcement expenses to the Council in the amount of $750.00.
P: Dec 19, 2007 R: Dec 19, 2012