Barbara Joan Thompson, Royal LePage East Kootenay Realty, Cranbrook

Respondent:     BARBARA JOAN THOMPSON

File:   519-06

Date of Consent Order:   May 1, 2008                    

Complaint: Contravention of section 35(1)(a) [professional misconduct] of the Real Estate Services Act, sections 3-2(1) [associate broker and representative responsibilities], 3-3(1) [duties to clients], 3-4 [duty to act honestly and with reasonable care and skill] and 5-10(a) [disclosure] of the Council Rules   

Issue:   Barbara Joan Thompson, associate broker, East Kootenay Realty Ltd. dba Royal LePage East Kootenay Realty, Cranbrook, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that she, in the sale of her property (the  “Thompson Property ”) and listing of the property owned by the proposed buyer (the  “Buyer ’s Property ”) of the Thompson Property: (a) failed to promptly provide her managing broker or brokerage a copy of the Contract for the sale of the Thompson property, entered into between herself and her husband as sellers and the proposed buyer, contrary to section 3-2(1) of the Council Rules, (b) failed to promptly provide her managing broker or brokerage a copy of the Disclosure of Interest in Trade form, signed by the licensee and the proposed buyer but not signed by her managing broker, relating to the sale of the Thompson Property, contrary to section 3-2(1) of the Council Rules; (c) failed to recommend to the proposed buyer that if the proposed buyer wished to purchase the Thompson Property, she should list the Buyer ’s Property with a brokerage other than the licensee ’s brokerage, contrary to sections 3-3(1) and 3-4 of the Council Rules; (d) failed to recommend to the proposed buyer that she should obtain independent legal advice with respect to the licensee acting as the representative of the licensee ’s brokerage in listing for sale the Buyer ’s Property and at the same time the licensee entering into the Contract with the proposed buyer, contrary to sections 3-3(1) and 3-4 of the Council Rules; (e) failed to take reasonable steps to disclose and/or to avoid conflicts of interest in the sale of the Thompson Property and in the listing for sale and proposed sale of the Buyer ’s Property, contrary to sections 3-3(1) and 3-4 of the Council Rules; and (f) failed to fully and clearly disclose to the proposed buyer the nature of the representation the licensee and her brokerage would provide, contrary to section 5-10(a) of the Council Rules.   

Result: Barbara Joan Thompson was suspended for twenty-one (21) days from June 25, 2008 to July 15, 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 Barbara Joan Thompson, and a Consent Order was issued.   Further, Barbara Joan Thompson must successfully complete the disciplinary education assignments applicable to Chapter 9 (Professional Ethics) and Chapter 12 (Law of Agency), enroll in and attend the first available CPE course  “What Brokerages and Realtors Need to Know About Agency ”.   Further, Barbara Joan Thompson and Philip Lawrence Jones are jointly and severally liable to pay enforcement expenses to the Council in the amount of $750.00.  

P: Jun 3, 2008 R:  Jun 3, 2013