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: BALBIR SINGH GELLON
File: 07-044
Hearing Date: August 7 and 8, 2008
Decision of Council: September 25, 2008
Supplemental Decision – November 14, 2008
Complaint: Contravention of section 35(1)(a) [professional misconduct] of the Real Estate Services Act and sections 3-3(1)(i) [duties to clients] and 3-4 [duty to act with reasonable care and skill] of the Council Rules
Issue: Balbir Singh Gellon, representative, Medallion Realty Ltd. dba Sutton Group Medallion Realty, Surrey, committed professional misconduct under section 35(1)(a) of the Real Estate Services Act, in that he: (a) contravened section 3-3(1)(i) of the Council Rules by failing to take all reasonable steps to avoid a conflict of interest in circumstances where the said licensee acted as limited dual agent for the sellers (who were his daughter and son-in-law) and the buyers, in that he failed to properly advise the buyers to seek independent advice with respect to: (i) his representation as limited dual agent; (ii) the property inspection report obtained by the buyers which revealed a number of defects in the Property; and, (iii) the completion of the purchase of the Property when the sellers refused to amend the Contract of Purchase and Sale to make it a condition for the benefit of the buyers that the required repairs to the Property be completed prior to completion of the purchase; and (b) contravened section 3-4 of the Council Rules by failing to act with reasonable skill when he failed to seek on behalf of the buyers an extension of the subject removal date with respect to the Property to allow the buyers time to verify that all repairs to the Property had been conducted in a satisfactory manner.
Penalty: Balbir Singh Gellon was suspended for fourteen (14) days from November 12, 2008 to November 25, 2008 (inclusive) for professional misconduct as described above. In addition, Balbir Singh Gellon was required to successfully complete the disciplinary education assignments applicable to Chapter 10 (The Law of Contract), Chapter 11 (Contracts for Real Estate Transactions) and Chapter 12 (Law of Agency) of the Real Estate Trading Services Licensing Course, and to enroll in and attend the first available CPE course “What Brokerages and Realtors Need to Know About Agency”. By Supplemental Decision, Balbir Singh Gellon was ordered to pay
P: Nov 27, 2008 R: Nov 28, 2013