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: AMARJIT SINGH GILL
File: 459-05
Date of Consent Order: July 21, 2008
Complaint: Contravention of sections 35(1)(a) [professional misconduct], 35(1)(c) [deceptive dealing], 27(4) [payment into trust], and 37(4) [investigations] of the Real Estate Services Act, and sections 3-3(1)(i) [duties to clients], 5-4 [acceptance of offer], 5-8 [disclosure], and 5-9 [disclosure of interest in trade] of the Council Rules
Issue: Amarjit Singh Gill, representative, Global Force Realty Ltd., Surrey, while licensed with United Realty RCK & Associates Ltd., Surrey, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he: (a) contravened section 3-3(1)(i) of the Council Rules by failing to disclose to the sellers of the property that his spouse was the sole director and shareholder of the buyer 0718458 B.C. Ltd. in order to avoid a conflict of interest as a limited dual agent; (b) contravened sections 5-8 and 5-9 of the Council Rules by failing to provide the sellers of the property with a completed Disclosure of Interest in Trade form disclosing that an associate of the said licensee was acquiring real estate prior to the agreement dated January 5, 2006 being entered into; (c) contravened section 5-8 and 5-9 of the Council Rules by failing to provide the buyers of the said property by Contract of Purchase and Sale dated February 28, 2006 with a completed Disclosure of Interest in Trade form disclosing that his associate was disposing of her interest in the said property; (d) contravened section 35(1)(c) of the Real Estate Services Act by failing to disclose to the said buyers in the Contract of Purchase and Sale dated February 28, 2006 that the deposit, which was to be paid directly to the seller in accordance with the said contract, was going to be transferred by the seller to a joint bank account in the name of himself and his spouse; (e) contravened section 27(4) of the Real Estate Services Act by failing to obtain a separate written agreement between the parties to the Contract of Purchase and Sale dated February 28, 2006 that the deposit was to be paid directly to the seller; (f) contravened section 5-4 of the Council Rules by failing to deliver a copy of the accepted Contract of Purchase and Sale dated February 28, 2006 to his related brokerage; and (g) contravened section 37(4) of the Real Estate Services Act in that he misled the Council by advising the Council in a letter dated July 26, 2006 in response to the complaint that his wife and daughter went to an accountant on September 15, 2005 to transfer the shares of 0718458 B.C. Ltd., which in fact occurred at a later date.
Result: Amarjit Singh Gill was suspended for one hundred and eighty (180) days from September 17, 2008 to March 15, 2009 (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 Amarjit Singh Gill, and a Consent Order was issued. Further, Amarjit Singh Gill was ordered to successfully complete the disciplinary education assignments applicable to Chapter 2 (Real Estate Services Act) and Chapter 9 (Professional Ethics) of the Real Estate Trading Services Licensing Course, and pay to the Council a discipline penalty in the amount of $5,000.00 and enforcement expenses in the amount of $750.00.
P: Aug 20, 2008 R: Aug 20, 2013