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: MANDEEP SINGH GREWAL
File: 375-04
Date of Consent Order: January 14, 2008
Complaint: Contravention of sections 35and 35(1)(d) of the Real Estate Services Act /Professional misconduct, incompetence
Issue: Mandeep Singh Grewal, representative, Apex International Services Ltd. dba Century 21 Apex International, Delta, committed professional misconduct within the meaning of section 35(1) of the Real Estate Services Act in that he contravened section 35(1)(d) of the Real Estate Services Act in that he, as a limited dual agent for the sellers: (a) failed to ensure that the contract of purchase and sale dated December 17, 2004 contained the date of the sellers ’ acceptance; (b) failed to ascertain the true date of acceptance of the December 17, 2004 contract when calculating the date upon which the subject conditions would expire; (c) failed to take reasonable steps to contact the buyer to determine the buyer ’s intentions to proceed with respect to the December 17, 2004 contract; (d) failed to ensure that the seller ’s acceptance of the contract of purchase and sale dated April 18, 2005 with respect to the same property was subject to the seller ceasing to be obligated under the December 17, 2004 contract; (e) failed to ensure that the seller ’s acceptance of the contract of purchase and sale dated April 25, 2005 was subject to the seller ceasing to be obligated under both the December 17, 2004 contract and the April 18, 2005 contract; and (f) failed to ensure that the trust release/collapse form was signed by the seller and the buyer in respect of the April 18, 2005 contract prior to the seller entering into an unconditional agreement with the purchase in respect of the April 25, 2005 contract.
Result: Mandeep Singh Grewal was suspended for forty-five (45) days from March 12, 2008 to April 25, 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 Mandeep Singh Grewal, and a Consent Order was issued. Further, as a condition of continued licensing, Mandeep Singh Grewal must successfully complete the disciplinary education assignments applicable to Chapter 2 (The Real Estate Services Act) and Chapter 10 (The Law of Contract) of the Real Estate Trading Services Licensing Course, enroll in and attend the first available CPE course “What Brokerages and Realtors Need to Know About Agency ”, “Professionalism It Pays! Be Safe or Be Sued! ” and “Legal Update ”. In addition, Mandeep Singh Grewal must pay enforcement expenses to the Council in the amount of $750.00.
P: Feb 13, 2008 R: Feb 13, 2013