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: STUART MICHAEL SPANIER
File: 07-121
Date of Consent Order: February 6, 2009
Complaint: Contravention of section 35(1)(a) [professional misconduct] of the Real Estate Services Act, and sections 3-3(1)(d) [advise client to seek independent advice], 3-3(1)(h) [use reasonable efforts to discover relevant facts], and 3-4 [duty to act with reasonable care and skill] of the Council Rules
Issue: Stuart Michael Spanier, representative, Vernon Realty Inc. dba Re/Max – Vernon, while licensed with Brian Rogers Real Estate Ltd. dba Re/Max Brian Rogers, Vernon, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he: (a) contravened sections 3-3(1)(h) and 3-4 of the Council Rules in that he failed to use reasonable efforts to discover relevant facts about the property by not undertaking a thorough and proper inquiry or advising his clients to undertake a thorough and proper inquiry regarding the seller ’s Property Disclosure Statement on which the seller had answered “Yes ” to the question as to whether he had: “Received any other notice or claim affecting the property from any person or public body ”, and (b) contravened section 3-3(1)(d) of the Council Rules in that he failed to advise his clients to seek independent professional advice with respect to the seller ’s Property Disclosure Statement, prior to the removal of the subject with respect to the Property Disclosure Statement.
Result: Stuart Michael Spanier 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 Stuart Michael Spanier, and a Consent Order was issued. Further, Stuart Michael Spanier was ordered to successfully complete the disciplinary education assignment applicable to Chapter 18 (Local Government Law) of the Real Estate Trading Services Licensing Course, to enrol in and attend the first available “Real Estate E&O Insurance Legal Update 2009 ” course and to pay enforcement expenses to the Council in the amount of $750.00.
P: Feb 17, 2009 R: Feb 17, 2014