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: SUZANNE MARIE JUDGE
RICHARD MITCHELL
File: 284-06
Date of Consent Order: April 22, 2008
Complaint: Contravention of sections 35 [professional misconduct] and 35(1)(d) [incompetence] of the Real Estate Services Act, sections 3-1 [managing broker responsibilities] and 3-3(1) [duties to clients] of the Council Rules
Issue: Suzanne Marie Judge, representative, Key Realty Group Ltd., Nanaimo, committed professional misconduct within the meaning of section 35 of the Real Estate Services Act by contravening section 35(1)(d) of the Real Estate Services Act and section 3-3(1) of the Council Rules in that she: (a) failed to advise the seller to make the offer subject to the seller successfully subdividing the property; (b) failed to identify in the legal description of the property or in the Contract of Purchase and Sale that it was only a portion of the property which was subject to the Contract of Purchase and Sale; (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; and (d) failed to ensure there was a written agreement in place between the parties setting out the terms under which they agreed to an extension of the completion date of the subject contract.
Issue: Richard Mitchell, managing broker, Key Realty Group Ltd., Nanaimo, 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: Suzanne Marie Judge was suspended for fourteen (14) days from June 4, 2008 to June 17, 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 Suzanne Marie Judge, and a Consent Order was issued. Further, Suzanne Marie Judge 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 “Professionalism It Pays! Be Safe or Be Sued! ” and “Legal Update ”, 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, Suzanne Marie Judge and Richard Mitchell are jointly and severally liable to pay enforcement expenses to the Council in the amount of $750.00.
Result: Richard Mitchell 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 Richard Mitchell, and a Consent Order was issued. Further, Richard Mitchell must successfully complete the disciplinary education assignment applicable to Chapter 11 (Contracts for Real Estate Transactions) 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! ” and “Legal Update ”, and successfully complete the next available Unit 7-8 “Contract of Purchase and Sale ” of the British Columbia Real Estate Association Residential Trading Services Applied Practice Course. Further, Richard Mitchell and Suzanne Marie Judge 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