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: VALERIA LOCKWOOD
File: 07-132
Date of Consent Order: September 4, 2008
Complaint: Contravention of sections 35(1)(a) [professional misconduct], 7(3)(a) [relationships between managing brokers and other licensees], 27(1)(a) [payment into trust] of the Real Estate Services Act, and sections 3-2(2) [keep managing broker informed], 3-4 [duty to act with reasonable care and skill], 4-5(2) [licensee names must be indicated], 4-6(2) and 4-6(4) [restrictions and requirements related to advertising generally], and 4-7 [false or misleading advertising prohibited] of the Council Rules
Issue: Valeria Lockwood, representative, Sussex Group – S.R.C. Realty Corporation (WVan) dba Prudential Sussex Realty (WVan), West Vancouver, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that she: (a) represented to the seller of the real estate that she was licensed to provide real estate services in the State of Oregon, USA, when she was not so licensed, in contravention of section 3-4 of the Council Rules; (b) provided real estate services other than on behalf of the brokerage in relation to which she was licensed, in contravention of section 7(3)(a) of the Real Estate Services Act; (c) failed to promptly pay or deliver all money held or received from, for or on behalf of a principal in relation to real estate services, in relation to the payments made to her in March and April, 2007, in contravention of section 27(1)(a) of the Real Estate Services Act; (d) published real estate advertising that the licensee knows contains a false statement or misrepresentation concerning real estate, a trade in real estate or the provision of real estate services, in that the real estate was advertised as being “sold before auction for $3,800,000 ” when the real estate was sold and Lockwood had not brought about a sale of the real estate, in contravention of section 4-7 of the Council Rules; (e) failed to ensure that the licensee name of her related brokerage is clearly indicated in the course of providing the real estate services, in contravention of section 4-5(2) of the Council Rules; (f) failed to keep the managing broker informed of the real estate services being provided and other activities being performed by her on behalf of the brokerage, in contravention of section 3-2(2) of the Council Rules; (g) failed to display the licensee name of the brokerage in a prominent and easily readable way, in contravention of section 4-6(2) of the Council Rules; and/or (h) included an office address for the licensee which was not the address of the related brokerage office, in contravention of section 4-6(4) of the Council Rules.
Result: Valeria Lockwood was suspended for thirty (30) days from October 8, 2008 to November 6, 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 Valeria Lockwood, and a Consent Order was issued. Further, Valeria Lockwood was ordered to successfully complete the disciplinary education assignments applicable to Chapter 2 (The Real Estate Services Act) and Chapter 9 (Professional Ethics) of the Real Estate Trading Services Licensing Course, to enroll in and attend the first available “Real Estate E&O Insurance Legal Update 2008 ” course, and to pay enforcement expenses to the Council in the amount of $750.00.
P: Oct 14 2008 R: Oct 14, 2013