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: SCOTT ANDREW ROWLANDS
File: 419-06
Date of Consent Order: February 15, 2008
Complaint: Contravention of section 35(1)(a) of the Real Estate Services Act and sections 3-3(1)(h) and 3-4 of the Council Rules/Professional misconduct, duties to clients, duty to act with reasonable care and skill
Issue: Scott Andrew Rowlands, representative, Locations West Realty Inc. dba Royal LePage Locations West Realty, Penticton, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he: (a) failed to use reasonable efforts to ascertain whether the sellers had obtained a building permit or permits and/or inspections and approvals as required from the local government for the renovation work that the sellers had done to the property; and (b) failed to advise the buyers that there was no building permit or permits and no inspections and approvals as required from the local government for the renovation work that the sellers had done, thereby failing to use reasonable efforts to discover relevant facts respecting any real estate that his clients were considering acquiring contrary to section 3-3(1)(h) of the Council Rules, and failing to act with reasonable care and skill contrary to section 3-4 of the Council Rules.
Result: Scott Andrew Rowlands was suspended for seven (7) days, from April 9, 2008 to April 15, 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 Scott Andrew Rowlands, and a Consent Order was issued. Further, Scott Andrew Rowlands must successfully complete the discipline education assignment applicable to Chapter 18 (Local Government Law) of the Real Estate Trading Services Licensing Course, enroll in and attend the first available CPE Course “Professionalism It Pays! Be Safe or Be Sued! ” or “Legal Update ”, and pay enforcement expenses to the Council in the amount of $500.00.
P: Mar 25, 2008 R: Mar 25, 2013