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: FREDERICK ALLAN WELYK
File: 157-06
Date of Consent Order: August 28, 2008
Complaint: Contravention of section 35(1)(a) [professional misconduct] of the Real Estate Services Act, and sections 3-2(2) [keep managing broker informed] and 3-4 [duty to act with reasonable care and skill] of the Council Rules
Issue: Frederick Allan Welyk, representative, Westcan Realty Inc. dba Sutton Group – Westcan Realty, Victoria, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act by contravening sections 3-2(2) and 3-4 of the Council Rules in that he: (a) failed to clarify in a fax sent to the listing representative that the second deposit had not been deposited in trust by the brokerage when instructing the conveyancer person to fax a copy of the said deposit cheque to the listing representative; and (b) failed to advise his managing broker on August 21, 2006 that the said deposit cheque that was received was to be held and would not be promptly deposited into the trust account of the brokerage until an environmental issue was resolved by the buyer.
Result: Frederick Allan Welyk was suspended for fourteen (14) days from October 22, 2008 to November 4, 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 Frederick Allan Welyk, and a Consent Order was issued. Further, Frederick Allan Welyk was ordered to successfully complete the disciplinary assignment applicable to Chapter 2 (The Real Estate Services Act) of the Real Estate Trading Services Licensing Course, to enroll in and attend the first available “Legal Update ” course, and to pay enforcement expenses to the Council in the amount of $750.00.
P: Sep 29, 2008 R: Sep 29, 2013