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: ALAN JOHN NIXON
File: 457-06
Date of Consent Order: June 18, 2008
Complaint: Contravention of section 35(1)(a) [professional misconduct] of the Real Estate Services Act and section 3-1 [managing broker responsibilities] of the Council Rules
Issue: Alan John Nixon, currently unlicensed, who while licensed as managing broker with Crest Realty Ltd. dba Re/Max Crest Realty, North Vancouver, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act by contravening section 3-1 of the Council Rules in that he, with respect to the rental property management services of two individuals: (a) was not actively engaged in the management of the brokerage, and (b) failed to ensure that the business of the brokerage was carried out competently and in accordance with the Act, Regulations and Council Rules by permitting two individuals to provide rental property management services on behalf of the brokerage when not licensed to do so.
Result: Alan John Nixon was suspended for twenty-eight (28) days from June 25, 2008 to July 22, 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 Alan John Nixon, and a Consent Order was issued. Alan John Nixon must successfully complete the disciplinary education assignments applicable to Chapter 2 (Real Estate Services Act) of the Real Estate Trading Services Licensing Course, enroll in and attend the first available CPE Courses “Professionalism It Pays! Be Safe or Be Sued! and “Legal Update ”. Further, Alan John Nixon, Marjan Mazaheri, Douglas Yin Soo and Coral Leanne Ashe are jointly and severally liable to pay enforcement expenses to the Council in the amount of $1,500.00.
P: Jun 20, 2008 R: Jun 20, 2013