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: STEPHEN SMITH
File: 127-06
Date of Consent Order: November 30, 2007
Complaint: Contravention of sections 35(1) of the Real Estate Services Act /Professional misconduct
Issue: Stephen Smith, representative, Your Real Estate Centre Inc. dba Royal LePage Prince George, Prince George, committed professional misconduct within the meaning of section 35(1) of the Real Estate Services Act in that he: (a) provided real estate services other than on behalf of the brokerage in relation to which he was licensed; (b) agreed to accept remuneration from a person other than the brokerage in relation to which he was licensed; (c) failed to provide the managing broker with the original or copy of all records referred to in sections 8-4 and 8-5 of the Council Rules; (d) failed to keep the managing broker informed of the real estate services being provided, and other activities being performed by the representative on behalf of the brokerage; (e) failed to promptly pay or deliver to the brokerage all money held or received from, for or on behalf of a principal in relation to real estate services, and failed to promptly pay into a brokerage trust account all money held or received from, for or on behalf of a principal in relation to real estate services, without having a written agreement that is separate from any agreement under which the real estate services are provided or giving effect to a trade in real estate, and (f) failed to advise the buyer to get independent legal advice with respect to the payment of the deposit directly to the seller.
Result: Stephen Smith was suspended for seven (7) days from January 16, 2008 to January 22, 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 Stephen Smith, and a Consent Order was issued. Further, Stephen Smith must successfully complete Chapter 2 (Real Estate Services Act) of the Real Estate Trading Services Licensing Course, enroll in and attend the first available “Professionalism it Pays! Be Safe or Be Sued! ” or “Legal Update ”, and pay enforcement expenses to the Council in the amount of $750.00.
P: Dec 31, 2007 R: Dec 31, 2012