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: ALICE THERESA THOMPSON
File: 399-06
Date of Consent Order: April 1, 2008
Complaint: Contravention of sections 35 [professional misconduct] and 35(1)(a) [contravention of Act or regulations or rules] of the Real Estate Services Act and sections 3-3(1)(a) [duties to clients], 3-3(1)(i) [conflict of interest], 3-3(1)(j) [disclosure of conflict of interest], 3-4 [duty to act honestly and with reasonable care and skill] and 5-9 [disclosure of interest in trade] of the Council Rules
Issue: Alice Theresa Thompson, representative, Check Realty (1998) Ltd. dba Re/Max Check Realty, Campbell River, while licensed with Coast Realty Group (Campbell River) Ltd., Campbell River, committed professional misconduct within the meaning of section 35 of the Real Estate Services Act in that she: (a) contravened section 35(1)(a) of the Act, sections 3-3(1)(a) and 3-4 of the Council Rules in that she, in the sale of the mobile home from the seller to the buyer: (i) in drafting the contract, failed to provide for pad rental and pad assignment, failed to refer to the rules of the mobile home park, failed to provide where the deposit would be delivered to, and failed to provide for appropriate security of the loan to be made by the seller to the buyer; and (b) contravened sections 3-3(1)(i), 3-3(1)(j) and 5-9 of the Council Rules in that she, in the sale of a property from the seller to the buyer: (i) failed to properly and fully disclose to the seller that she was acquiring an interest in the property, directly or indirectly; and (ii) acted as a limited dual agent when at the same time she was acquiring an interest in the property, directly or indirectly.
Result: Alice Theresa Thompson was suspended for twenty-one (21) days from May 21, 2008 to June 10, 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 Alice Theresa Thompson, and a Consent Order was issued. Further, Alice Theresa Thompson was ordered to successfully complete the disciplinary education assignments applicable to Chapter 2 (The Real Estate Services Act) and Chapter 10 (Law of Contract) of the Real Estate Trading Services Licensing Course, and pay enforcement expenses to the Council in the amount of $750.00.
P: May 5, 2008 R: May 5, 2013