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: SUSAN VIOLA LYLE
File: 428-06
Date of Consent Order: August 14, 2008
Complaint: Contravention of sections 35(1)(a) [professional misconduct] and 35(1)(d) [incompetence] of the Real Estate Services Act, sections 3-3 [duties to clients] and 3-4 [duty to act with reasonable care and skill] of the Council Rules
Issue: Susan Viola Lyle, managing broker, D.F.H. Real Estate Ltd. (ShwnLk), Shawnigan Lake, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act by contravening section 35(1)(d) of the Real Estate Services Act and sections 3-3 and 3-4 of the Council Rules in that she: (a) failed to advise the said buyers to seek independent professional advice on matters outside her expertise by advising them that they could work with the land and make changes when asked by the buyers if they could add some fill to the property to make the property more suitable for their needs; (b) failed to use reasonable efforts to discover relevant facts respecting the said property; and (c) failed to recommend to the said buyers to contact the District prior to making an offer on the said property to ascertain if the plans they had for the property would be permitted, or, in the alternative, recommend to the said buyers to make their offer subject to confirming that their intended house plans and infill would be permitted.
Result: Susan Viola Lyle was suspended for fourteen (14) days from October 1, 2008 to October 14, 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 Susan Viola Lyle, and a Consent Order was issued. Susan Viola Lyle was further ordered to successfully complete the disciplinary education assignments applicable to Chapter 5 (The Professional Liability of Real Estate Licensees) of the Real Estate Trading Services Licensing Course and to enroll in and attend the first available CPE Course “Legal Update ”. Further, Susan Viola Lyle was ordered to pay enforcement expenses to the Council in the amount of $750.00.
P: Sep 17, 2008 R: Sept 17, 2013