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: LISA DAWN HILTS
File: 454-05
Date of Consent Order: January 14, 2008
Complaint: Contravention of sections 35(1)(a) and 35(1)(d) of the Real Estate Services Act and section 3-4 of the Council Rules/Professional misconduct, duty to act honestly and with reasonable care and skill.
Issue: Lisa Dawn Hilts, representative, RLK Realty Ltd. (Wsbk) dba Royal LePage Kelowna (Wstbk), Westbank, committed professional misconduct within the meaning of sections 35(1)(a) and 35(1)(d) of the Real Estate Services Act by contravening section 3-4 of the Council Rules in that she, while acting as the seller ’s representative in connection with the listing and proposed sale of a property, which was in foreclosure, and the management of which had been placed in the hands of a Receiver by order of the Supreme Court of British Columbia: (a) failed to explain to the Receiver or his agent in advance and in clear and unequivocal terms the scope of certain work she intended to undertake at the property for the purpose of removing certain unauthorized structures on the property in order to set aside a Stop Work Order which had been issued by the Central Okanagan Regional District; (b) failed to obtain the clear and unequivocal consent of the Receiver or his agent to proceed with the work described in sub-paragraph (a) above; and (c) failed to seek timely assistance from her managing broker with respect to this matter given its inherent complexities.
Result: Lisa Dawn Hilts was suspended for seven (7) days from March 5, 2008 to March 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 Lisa Dawn Hilts, and a Consent Order was issued. Further, Lisa Dawn Hilts must successfully complete the disciplinary education assignments applicable to Chapter 9 (Professional Ethics) of the Real Estate Trading Services Licensing Course and 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: Feb 13, 2008 R: Feb 13, 2013