Consent Order

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

Complaint: Contravention of sections 35(1)(a), 35(1)(d), 6(2)(c), and 25 of the Real Estate Services Act and sections 3-1, 3-3(1)(a) and (b), 7-5(2) and 7-5(3) of the Council Rules/Professional misconduct, incompetence, brokerage must have managing broker, brokerage records, managing broker responsibilities, duties to clients, and shortages in trust accounts

Issue: Kim Wayne Lem, currently unlicensed, who while managing broker, Dedicated Property Management Ltd., Delta, committed professional misconduct within the meaning of section 35(1)(a) and 35(1)(d) of the Real Estate Services Act in that he:

1. failed to fulfil his responsibilities as managing broker for the performance of the duties imposed on the brokerage by its licence within the meaning of section 6(2)(c) of the Real Estate Services Act and sections 3-1, 3-3(1)(a) and (b) of the Council Rules;
2. contravened section 25 of the Real Estate Services Act in that he failed to maintain proper books, records and accounts of the brokerage in accordance with the Real Estate Services Act and Council Rules;
3. failed to immediately eliminate a negative balance in the trust account, contrary to section 7-5(2) of the Council Rules; and
4. failed to immediately notify the Council of the negative trust balance, contrary to section 7-5(3) of the Council Rules.

Results

Kim Wayne Lem's managing broker's licence was cancelled 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 Kim Wayne Lem, and a Consent Order was issued. Further, Kim Wayne Lem will be immediately eligible to apply for licensing as a representative or associate broker but cannot apply to be a managing broker for a period of two years after being licensed in any capacity and, as conditions of 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/or Strata Management Licensing Course and he will be under the direct supervision of a managing broker for a period of one year following licensing, during which time the managing broker will report to the Council anything of an adverse nature with respect to his activities. In addition, he must pay enforcement expenses to the Council in the amount of $2,000.00.