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: ANDREW LOUIS RAEBER
File: 07-121
Date of Consent Order: February 12, 2009
Complaint: Contravention of section 35(1)(a) [professional misconduct – breach of Act or Rules] of the Real Estate Services Act, and section 3-4 [duty to act with reasonable care and skill] of the Council Rules
Issue: Andrew Louis Raeber, representative, Century 21 Executives Realty Ltd., Vernon, while licensed with Uptown Realty Ltd. dba Macdonald Realty Vernon, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he contravened section 3-4 of the Council Rules by not undertaking a proper and thorough inquiry regarding the seller ’s Property Disclosure Statement in 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 ”.
Result: Andrew Louis Raeber was suspended for fourteen (14) days from March 11, 2009 to March 24, 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 Andrew Louis Raeber, and a Consent Order was issued. Further, Andrew Louis Raeber 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 Legal Update 2009 ” course and to pay enforcement expenses to the Council in the amount of $750.00.
P: Mar 3, 2009 R: Mar 3, 2014