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: DANIEL ARTHUR BOURKE
FARRELL MANAGEMENT
File: 315-06
Date of Consent Order: June 16, 2008
Complaint: Contravention of sections 35(1)(a) [professional misconduct], 35(1)(c) [wrongful taking or deceptive dealing], 25 [brokerage records], 27 [payment into trust], and 30 [withdrawals from trust account] of the Real Estate Services Act, and section 7-5 [shortages in trust accounts] of the Council Rules
Issue: Daniel Arthur Bourke, representative, Pacific Quorum Properties Inc., Vancouver, while licensed as managing broker, Daniel Arthur Bourke dba Farrell Management (Sole Proprietor), Vancouver, committed professional misconduct within the meaning of section 35(1)(a) and 35(1)(c) of the Real Estate Services Act in that he: (a) contravened section 25 of the Act by failing to maintain proper books, records and accounts of the brokerage in accordance with the Act and the Council Rules; (b) permitted payments out of the brokerage trust account, which payments resulted in a negative balance in the trust account, contrary to section 7-5(1) of the Council Rules; (c) failed to immediately eliminate a negative balance in the trust account, contrary to section 7-5(2) of the Council Rules; (d) failed to immediately notify the Council of a negative trust balance, contrary to section 7-5(3) of the Council Rules; (e) misappropriated funds held or received from or on behalf of a principal in relation to real estate services for his own use or benefit by making withdrawals from trust for purposes other than those permitted in sections 30(1) and (2) of the Act; and (f) failed to promptly pay or deliver all monies held or received from strata corporation clients to the brokerage trust accounts, contrary to section 27(1)(a) of the Act.
Result: Daniel Arthur Bourke dba Farrell Management (Sole Proprietor) was suspended for a period of one year from August 6, 2008 to August 6, 2009 (inclusive) in any category 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 Daniel Arthur Bourke dba Farrell Management (Sole Proprietor), and a Consent Order was issued. Further, Daniel Arthur Bourke will be permanently banned from being licensed as a managing broker, and upon the conclusion of his suspension, Mr. Bourke will be under the direct supervision of his managing broker for a period of one (1) year, during which time the managing broker will report to the Council anything of an adverse nature with respect to Mr. Bourke ’s activities. In addition, Daniel Arthur Bourke was ordered to pay to the Council a discipline penalty in the amount of $5,000.00 and enforcement expenses in the amount of $1,000.00 within two (2) years from the date of the Order herein as a condition of continued licensing.
P: Jul 22, 2008 R: Jul 22. 2013