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: JAMES BRIAN BELL
File: 190-06
Date of Consent Order: March 13, 2008
Complaint: Contravention of sections 35(1)(a) [professional misconduct] and 35(1)(d) [incompetence] of the Real Estate Services Act, sections 3-2(1) and 3-2(2) [representative responsibilities], 3-3(1)(a) and 3-3(1)(j) [duties to clients], and 5-9 [disclosure of interest in trade] of the Council Rules
Issue: James Brian Bell, representative, Statesmen Realty Corporation dba Realty Executives of Kelowna, while licensed with Lakefront Realty (2002) Ltd. dba Sutton Group – Lakefront Realty, Kelowna, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act by contravening section 35(1)(d) of the Real Estate Services Act in that as buyer of a property he: (a) contravened section 3-3(1)(j) of the Council Rules in that he acted in a conflict of interest in providing limited dual agency when he was a principal in the transaction and did not withdraw from offering agency to the sellers; (b) contravened section 3-3(1)(a) of the Council Rules by failing to act in the best interest of the seller in that the lease agreement to purchase he drafted did not include any end date by which the licensee would either have to complete the transaction or the deal would collapse; (c) contravened section 3-2(1) of the Council Rules in that he failed to provide his managing broker with a copy of the lease agreement to purchase; (d) contravened section 3-2(2) of the Council Rules in that he failed to keep his managing broker informed of the activities he was taking with respect to the transaction; and (e) failed to comply with section 5-9 of the Council Rules in that he did not complete the disclosure of interest in trade in relation to the transaction.
Result: James Brian Bell was suspended for fourteen (14) days from May 7, 2008 to May 20, 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 James Brian Bell, and a Consent Order was issued. Further, James Brian Bell must successfully complete the disciplinary education assignment applicable to Chapter 10 (The Law of Contract) and Chapter 12 (Law of Agency) of the Real Estate Trading Services Licensing Course and that he either enroll in and attend the first available CPE Course “Professionalism It Pays! Be Safe or Be Sued! ”, “The Real Estate Services Act – Everything You Need to Know ”, or he successfully complete the disciplinary education assignment applicable to Chapter 2 (The Real Estate Services Act) of the Real Estate Trading Services Licensing Course, along with the two chapters previously noted. Further, James Brian Bell must pay enforcement expenses to the Council in the amount of $750.00.
P: Apr 15, 2008 R: Apr 15, 2013