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: SCARLET ROSE ARMSTRONG
File: 07-098
Date of Consent Order: July 3, 2008
Complaint: Contravention of sections 35(1)(a) [professional misconduct] and 35(1)(d) [incompetence] of the Real Estate Services Act, and sections 3-3 [duties to clients], 3-4 [duty to act with reasonable care and skill], 5-8 [disclosure] and 5-9 [disclosure of interest in trade] of the Council Rules
Issue: Scarlet Rose Armstrong, representative, Tri-Tel Realty Ltd. dba Coldwell Banker Tri-Tel Realty, Maple Ridge, committed professional misconduct within the meaning of sections 35(1)(a) and 35(1)(d) of the Real Estate Services Act by contravening sections 3-3, 3-4, 5-8 and 5-9 of the Council Rules in that she: (a) failed to act with reasonable care and skill and in the best interests of her client when she failed to include an adequate condition in the Contract of Purchase and Sale with respect to the said property to protect her client from liability to pay any special assessments approved by the strata corporation prior to the completion date and a provision for a holdback from the purchase price in order to pay any special assessments occurring after completion, contrary to section 3-3(1)(a) and section 3-4 of the Council Rules; and (b) failed to promptly and fully disclose to the seller of property that the said licensee acquired an interest in the said property, as required by section 5-9 and section 5-8(2) of the Council Rules.
Result: Scarlet Rose Armstrong was suspended for fourteen (14) days from August 27, 2008 to September 9, 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 Scarlet Rose Armstrong, and a Consent Order was issued. Further, Scarlet Rose Armstrong was required to successfully complete the disciplinary education assignment applicable to Chapter 2 (Real Estate Services Act) of the Real Estate Trading Services Licensing Course, enroll in and attend the first available CPE course “Condo 101: Strata Law for Realtors ” and pay enforcement expenses to the Council in the amount of $750.00.
P: Aug 18, 2008 R: Aug 18, 2013