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: WILLIAM ERNEST THOMPSON
File: 179-06
Date of Consent Order: April 3, 2008
Complaint: Contravention of section 35(1)(a) [professional misconduct] of the Real Estate Services Act and section 3-4 [duty to act with reasonable care and skill] of the Council Rules
Issue: William Ernest Thompson, representative, Rocky Mountain Realty Ltd., Invermere, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act by contravening section 3-4 of the Council Rules in that, while acting as representative for the buyers of the property, he: (a) failed to provide the buyers with a copy of the Property Disclosure Statement ( “PDS ”) prior to the buyers entering into the contract; (b) failed to review the PDS with the buyers and/or to properly inform them as to the significance and/or consequences of the contents of the PDS, including the refusal of the seller ’s representative to answer any questions set out in the PDS form, or to make any representations concerning the condition of the property, and the seller ’s statements written on the PDS, “As is, Where is ” and “Seller has never lived in the house ” and “estate sale ”; and/or (c) failed to include a clause in the Contract of Purchase and Sale that the contract was subject to the buyers approving the PDS.
Result: William Ernest Thompson was suspended for seven (7) days from May 28, 2008 to June 3, 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 William Ernest Thompson, and a Consent Order was issued. Further, William Ernest Thompson was ordered to successfully complete the disciplinary education assignments applicable to Chapter 5 (Professional Liability of Real Estate Licensees) and Chapter 9 (Professional Ethics) of the Real Estate Trading Services Licensing Course, to enroll in and attend the next available CPE course, “Legal Update ” or “Professionalism It Pays! Be Safe or Be Sued! ”, and to pay enforcement expenses to the Council in the amount of $750.00.
P: May 5, 2008 R: May 5, 2013