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: PETER DALIP ALEXANDER
Hearing Date: May 21, 2008
Decision of Council: July 18, 2008
Financial Services Tribunal Decision: October 21, 2008
Complaint: Contravention of sections 35(1) [professional misconduct] and 37 [failure to cooperate with investigation] of the Real Estate Services Act
Issue: Peter Dalip Alexander, currently unlicensed, while licensed as a managing broker, Pacifica First Management Ltd., Vancouver, committed professional misconduct within the meaning of section 35(1) of the Real Estate Services Act in that: (a) in his capacity as managing broker responsible for the brokerage ’s rental property management business, was not actively engaged in this aspect of the management of the brokerage, that he failed to ensure that the business of the brokerage was carried out competently and in accordance with the Act, Regulation, Rules and Bylaws and that there was adequate levels of supervision for related associate brokers and representatives; (b) he failed to supervise a licensee competently and with sufficient attention to ensure that the licensee was supervising persons performing rental property management services at the property with an appropriate degree of diligence and attention and that the licensee had imposed sufficient controls on the collection and receipt of and accounting for rental and other payments at the property to ensure that any misappropriation or other improper withholding of rental and other monies would be discovered in a timely way; and (c) he failed to cooperate with an investigation conducted by the Council under section 37 of the Act.
Result: Peter Dalip Alexander, as he had been unlicensed since August 3, 2007, would be immediately eligible to be licensed as a representative or an associate broker subject to a determination as to his suitability for licensing by a subsequent Qualification Hearing Committee. Further, any application by Peter Dalip Alexander to be licensed as a managing broker would be subject to him first successfully completing the disciplinary education assignments applicable to Chapter 2 (Mandatory Requirements Under the Real Estate Services Act) and Chapter 14 (Property Management) of the Broker ’s Licensing Course, and subject to a determination as to his suitability for licensing as a managing broker by a subsequent Qualification Hearing Committee. Further, he was ordered to pay enforcement expenses to the Council in the amount of $3,864.00.
Appeal: The Financial Services Tribunal upheld the disciplinary decision of the Council in its entirety by a decision issued October 21, 2008.
P: Oct 28, 2008 R: Oct 28, 2013