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: DALE RICHARD SHORTT
File: 242-06
Date of Consent Order: July 31, 2008
Complaint: Contravention of section 35(1)(d) [incompetence] of the Real Estate Services Act
Issue: Dale Richard Shortt, representative, Ocean Pointe Realty Ltd. (Ldy) dba Re/Max Ocean Pointe Realty (Ldy), Ladysmith, while licensed with Nanaimo Realty Co. Ltd. dba Royal LePage Nanaimo Realty, Nanaimo, committed professional misconduct, contrary to section 35(1)(d) of the Real Estate Services Act in that he, as a limited dual agent in the listing and sale of property from one company, as seller, to another company, as buyer, by Contract of Purchase and Sale dated January 6, 2006, as amended from time to time: (a) failed to follow up with his brokerage to ensure a property search had been conducted of the subject property or ensure that he did a search himself; (b) failed to document that neither party was aware of the municipality ’s position on the proposed number of building lots and what the consequences of municipal approval or rejection of a defined number of building lots; (c) failed to draft a contract with reasonable care and skill, including: (i) failed to ensure the contract referred to the registered owner, the seller, and instead referred to an officer and director of the seller; (ii) failed to ensure that the contract referenced the parties ’ awareness that the Municipal By-laws had recently changed and that neither party could identify how long it would take to obtain preliminary layout or other municipal approval; and the consequences thereof and conduct required of the parties; and (d) failed to document his advice and the fact that the parties were advised to seek independent legal advice as to financing, mortgage and development issues.
Result: Dale Richard Shortt was suspended for fourteen (14) days from September 3, 2008 to September 16, 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 Dale Richard Shortt, and a Consent Order was issued. Further, Dale Richard Shortt was ordered to pay enforcement expenses to the Council in the amount of $750.00.
P: Sep 8, 2008 R: Sep 8, 2013