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: BRENT KYLER SHORT
File: 260-06
Date of Consent Order: January 10, 2008
Complaint: Contravention of sections 35(1)(a) and 35(1)(d), 7(3), and 27(1) of the Real Estate Services Act, sections 3-2(1), 3-4 and 5-10 of the Council Rules/Professional misconduct, incompetence, relationships between brokerages and other licensees, payment into trust account, associate broker and representative responsibilities, duty to act honestly and with reasonable care and skill, disclosure of representation
Issue: Brent Kyler Short, representative, Concept 2000 Real Estate (1989) Incorporated (Sur) dba Re/Max 2000 Realty (Sur), Surrey, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he contravened one or more than one of section 7(3)(a) of the Act (providing services other than on behalf of brokerage); section 7(3)(b) of the Act (accepting remuneration other than from brokerage); section 27(1)(a) of the Act (payment to brokerage of money received on behalf of principal); section 27(1)(b) of the Act ( payment to brokerage on account of remuneration); section 35(1)(d) of the Act (incompetence); section 3-2(1) of the Council Rules (records); section 3-4 of the Council Rules (reasonable care and skill); and section 5-10 of the Council Rules (disclosure of representation), in that in the proposed purchase of the property by the buyers from the seller, he: (a) provided real estate services on behalf of the seller, a real estate developer, at the same time as he was licensed as a representative of the brokerage; (b) accepted remuneration in relation to real estate services from the seller at the same time as he was licensed as a representative of the brokerage; (c) failed to pay or deliver to the brokerage money received from, for or on behalf of the seller and the buyers in relation to real estate services; (d) failed to pay or deliver to the brokerage money received from the seller on account of remuneration for real estate services; (e) failed to fully advise the buyers of the risks to the buyers of paying the deposit directly to the seller; (f) failed to advise the buyers to seek independent legal advice with respect to the payment of the deposit directly to the seller; (g) failed to make clear to the buyers the nature and effect of the subject removal form sent by him to the buyers by facsimile; (h) failed to provide his managing broker originals or copies of the applicable records set out in section 8-4 and section 8-5 of the Council Rules and (i) failed to disclose to the buyers the nature of the representation he would provide to them with respect to the proposed purchase of the property.
Result: Brent Kylar Short was suspended for forty-five (45) days from February 27, 2008 to April 11, 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 Brent Kylar Short, and a Consent Order was issued. Further, as a condition of continued licensing, he must successfully complete the disciplinary education assignment applicable to Chapter 2 (the Real Estate Services Act) of the Real Estate Trading Services Licensing Course and pay enforcement expenses to the Council in the amount of $750.00.
P: Feb 11, 2008 R: Feb 11, 2013