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: LANA MICHELLE RIVA
GREGORY HUGH HART
File: 284-06
Date of Consent Order: April 22, 2008
Complaint: Contravention of sections 35(1) [professional misconduct] and 35(1)(a) [contravention of act, regulations or rules] of the Real Estate Services Act, sections 3-1 [managing broker responsibilities], 3-3 [duties to clients] and 3-4 [duty to act with reasonable care and skill] of the Council Rules
Issue: Lana Michelle Riva, representative, Coast Country Properties Ltd. dba Royal LePage in the Comox Valley, Courtenay, committed professional misconduct within the meaning of section 35(1) of the Real Estate Services Act by contravening section 35(1)(a) of the Act and sections 3-3 and 3-4 of the Council Rules in that she: (a) acted in a conflict of interest when, while one of the buyers in the transaction, she acted for herself and another buyer in the same transaction; (b) failed to ensure that the extension of the completion date was in writing and signed by both parties; and (c) failed to ensure that there was a written agreement in place relating to the buyers ’ access to the property prior to completion setting out clearly the specific activities that the buyers were permitted to undertake prior to completion.
Issue: Gregory Hugh Hart, managing broker, Coast Country Properties Ltd. dba Royal LePage in the Comox Valley, Courtenay, committed professional misconduct within the meaning of section 35(1) of the Real Estate Services Act by contravening section 3-1 of the Council Rules in that he failed to ensure that the said business of the brokerage was carried out competently and in accordance with the Act, Regulations, Rules and/or Bylaws.
Result: Lana Michelle Riva was suspended for seven (7) days from July 2, 2008 to July 8, 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 Lana Michelle Riva, and a Consent Order was issued. Further, Lana Michelle Riva must successfully complete the disciplinary education assignment applicable to Chapter 12 (Law of Agency) 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 ” and successfully complete the next available Unit 1 “Agency Disclosure, Privacy and the Code of Ethics ” of the British Columbia Real Estate Association Residential Trading Services Applied Practice Course. Further, Lana Michelle Riva and Gregory Hugh Hart are jointly and severally liable to pay enforcement expenses to the Council in the amount of $750.00.
Result: Gregory Hugh Hart was reprimanded 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 Gregory Hugh Hart, and a Consent Order was issued. Further, Gregory Hugh Hart must successfully complete the disciplinary education assignment applicable to Chapter 11 (Contracts for Real Estate Transaction) of the Real Estate Trading Services Licensing Course, enroll in and attend the first available CPE course “Legal Update ”, and successfully complete the next available Unit 7-8 “Contracts of Purchase and Sale ” of the British Columbia Real Estate Association Residential Trading Services Applied Practice Course. Further, Gregory Hugh Hart and Lana Michelle Riva are jointly and severally liable to pay enforcement expenses to the Council in the amount of $750.00.
P: May 26, 2008 R: May 26, 2013