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: TARSEM THIND
File: 07-073
Date of Consent Order: July 8, 2008
Complaint: Contravention of sections 35 [professional misconduct], 35(1)(a) [breach of Act, Regulations or Rules], 7(3)(a) [acting outside of brokerage], and 27(4) [trust funds] of the Real Estate Services Act, and sections 3-2(1) and (2) [duties to clients], and 5-9(1) and (3) [disclosure] of the Council Rules
Issue: Tarsem Thind, representative, Apex International Services Ltd. dba Century 21 Apex International, Delta, committed professional misconduct within the meaning of section 35 of the Real Estate Services Act by contravening sections 35(1)(a), 27(4), and 7(3)(a) of the Real Estate Services Act and sections 3-2(1) and (2), and 5-9(1) and (3) of the Council Rules in that he: (a) in relation to a Contract of Purchase and Sale dated December 11, 2005 relating to an assignment of interest between RD and ten buyers of a property, failed in his duty to keep his managing broker informed of the real estate services he was providing, contrary to section 3-2(1) and 3-2(2) of the Council Rules and failed to provide to his managing broker the copy of the Disclosure of Interest in Trade as required by section 5-9(1) of the Council Rules, contrary to section 3-2(1) of the Council Rules; and (b) in relation to a Contract of Purchase and Sale dated February 17, 2006 relating to a property, between RG and HG as buyers and ten sellers: (i) failed to ensure that there was a separate written agreement between the parties to the transaction that money held on behalf of or received from the buyers would be paid or delivered to other than the trust account of a brokerage, contrary to section 27(4) of the Real Estate Services Act; (ii) provided real estate services outside of his brokerage, contrary to section 7(3)(a) of the Real Estate Services Act; (iii) failed in his duty to keep his managing broker informed of the real estate services he was providing, contrary to section 3-2(1) and 3-2(2) of the Council Rules and failed to provide to his managing broker the copy of the disclosure required by section 5-9(3) of the Council Rules, contrary to section 3-2(1) of the Council Rules; and (iv) acted in a conflict of interest when he acted as a representative of the sellers in a transaction in which he was also one of the principals.
Result: Tarsem Thind was suspended for sixty (60) days from August 27, 2008 to October 25, 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 Tarsem Thind, and a Consent Order was issued. Further, Tarsem Thind was ordered to successfully complete the disciplinary education assignments applicable to Chapter 9 (Professional Ethics) and Chapter 12 (Law of Agency) of the Real Estate Trading Services Licensing Course and pay enforcement expenses to the Council in the amount of $750.00.
P: Aug 18, 2008 R: Aug 18, 2013