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: KATHLEEN ANN BLAKE
KENNETH GEORGE BLAKE
File: 214-06
Date of Consent Order: January 11, 2008
Complaint: Contravention of section 35(1)(a) of the Real Estate Services Act and sections 3-4 and 3-1 of the Council Rules/Professional misconduct, duty to act honestly and with reasonable care and skill, managing broker responsibilities
Issue: Kathleen Ann Blake, representative, Colyvan Pacific Real Estate Management Services Ltd., Vancouver, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act by contravening section 3-4 of the Council Rules (duty to act with reasonable care and skill) in that she: (a) failed to provide the owner of the said property with documents upon request in a timely manner; (b) failed to act on the said owner ’s request in a timely manner to proceed with a rental increase presentation to the Residential Tenancy Branch with respect to the upper unit; and (c) failed to ensure that the said rental property management agreement signed by the said owner had the correct address for the owner with respect to any notices.
Issue: Kenneth George Blake, managing broker, Colyvan Pacific Real Estate Management Services Ltd., Vancouver, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act by contravening section 3-1 of the Council Rules in that, as managing broker, he failed to ensure the business of the brokerage was carried out competently with respect to the management of the said property and failed to ensure that there was an adequate level of supervision of a licensee in the management of the said property.
Result: Kathleen Ann Blake was suspended for seven (7) days from February 27, 2008 to March 4, 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 Kathleen Ann Blake, and a Consent Order was issued. Further, she must successfully complete the disciplinary education assignments applicable to Chapter 2 (The Real Estate Services Act) and Chapter 3 (Professional Ethics) of the Rental Property Management Licensing Course. In addition, Kathleen Ann Blake and Kenneth George Blake and are jointly and severally liable to pay enforcement expenses to the Council in the amount of $750.00.
Result: Kenneth George Blake was reprimanded 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 Kenneth George Blake, and a Consent Order was issued. Further, he must successfully complete Chapter 2 (The Real Estate Services Act) and Chapter 3 (Professional Ethics) of the Rental Property Management Licensing Course. In addition, Kenneth George Blake and Kathleen Ann Blake are jointly and severally liable to pay enforcement expenses to the Council in the amount of $750.00.
P: Feb 11, 2008 R: Feb 11, 2013