REAL ESTATE COUNCIL OF BRITISH COLUMBIA
In the matter of the Real Estate Services Act
S.B.C. 2004, c. 42
AND in the matter of a Disciplinary Hearing held pursuant to Section 41 of the Real Estate Services Act
Respondent: LESTER TWAROG
File: 471-06
Hearing Date: June 5, 2008
Decision of Council: August 27, 2008
Complaint: Contravention of section 35(1)(a) [professional misconduct] of the Real Estate Services Act, and sections 3-3(1)(a) [best interests of clients], 3-3(1)(h) [reasonable efforts to discover relevant facts], 3-2(4) [supervision of employees], 3-4 [duty to act with reasonable care and skill] and 6-1(1) [pay remuneration to unlicensed individual] of the Council Rules
Issue: Lester Twarog, representative, Crest Realty Westside Ltd. (VanW7) dba Re/Max Crest Realty, (VanW7), Vancouver, while licensed with Crest Realty Westside Ltd. (VanBch) dba Re/Max Crest Realty, (VanBch), Vancouver, committed professional misconduct under section 35(1)(a) of the Real Estate Services Act in that he, in the purchase of three properties on Howe Street, Vancouver, by a buyer and in the supervision of an unlicensed individual with respect to the proposed purchase of the units: (a) contravened sections 3-3(1)(a), 3-3(1)(h) and 3-4 of the Council Rules by failing to make appropriate inquiries to discover and ascertain whether permits were obtained to renovate one or more of the units being purchased by the buyer; (b) contravened section 3-2(4) of the Council Rules when he: (i) permitted an unlicensed individual to show the units to the buyer; (ii) permitted an unlicensed individual to draft offers to acquire the units; (iii) permitted an unlicensed individual to present the offers; and (iv) permitted an unlicensed individual to advise the buyer with respect to the offers; and (c) contravened section 6-1(1) of the Council Rules by paying remuneration to an unlicensed individual for performing one or more of the real estate services referred to above.
Penalty: Lester Twarog was suspended for fourteen (14) days from October 22, 2008 to November 4, 2008 (inclusive) for professional misconduct as described above. In addition, he was required to successfully complete the disciplinary education assignments applicable to Chapter 2 (The Real Estate Services Act) and Chapter 12 (Law of Agency) of the Real Estate Trading Services Licensing Course, to enroll in and attend the first available CPE course “Professionalism it Pays! Be Safe or Be Sued ” or “Legal Update ” and to enroll in and attend Unit One (Agency Disclosure, Privacy and the Realtor Code) of the Residential Trading Services Applied Practice Course. Further, Lester Twarog was required to pay enforcement expenses to the Council in the amount of $3,953.00.
P: Oct 1, 2008 R: Oct 1, 2013