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: GLORIA MARIE ANDREWS
File: 07-164
Date of Consent Order: December 30, 2008
Complaint: Contravention of section 35(1)(a) [professional misconduct] of the Real Estate Services Act, and sections 3-3(1)(a), (f) and (h) [duties to clients], 3-4 [duty to act with reasonable care and skill], 4-7 [false or misleading advertising], 5-10 [disclosure] and 5-11 [disclosure of remuneration] of the Council Rules
Issue: Gloria Marie Andrews, representative, Medallion Realty Ltd. dba Sutton Group Medallion Realty, Surrey, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that she, as the limited dual agent in the purchase and sale of property on East Georgia Street, Vancouver, pursuant to a February 11, 2007 contract from the Estate of S.L. ( “Seller ”) to A.K. and E.D. and their assignees (collectively referred to as the “Buyers ”): (a) failed to fully clarify the nature of the representation that she would be providing, including having the Buyers sign a Limited Dual Agency Agreement, particularly as she was acting as a limited dual agent, in accordance with section 5-10 of the Council Rules; (b) failed to ascertain material facts about the property and failed to disclose them to the Buyers prior to the Buyers ’ execution of the Contract, including accurate zoning, area, and property tax information, and financing implications as a result of the property being classified by lending institutions as a commercial property rather than a residential property, in accordance with her duties under sections 3-3(1)(a), (f) and (h) and 3-4 of the Council Rules; (c) published advertising that she knew or ought to have known contained false statements or misrepresentations concerning the subject property, contrary to section 4-7 of the Council Rules; (d) failed to disclose in writing to the Buyers, the remuneration she anticipated receiving for providing real estate services, in accordance with section 5-11 of the Council Rules; and (e) failed to draft the subject to financing clause with sufficient clarity including the term, principal sum, and interest rate of the mortgage, in accordance with section 3-3(1)(a) and section 3-4 of the Council Rules.
Result: Gloria Marie Andrews was suspended for fourteen (14) days from February 25, 2009 to March 10, 2009 (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 Gloria Marie Andrews, and a Consent Order was issued. Further, Gloria Marie Andrews was ordered to pay enforcement expenses to the Council in the amount of $750.00.
P: Jan 30, 2009 R: Jan 30, 2014