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: LINDA ANNE INNES
File: 07-144
Date of Consent Order: February 4, 2009
Complaint: Contravention of section 35(1)(a) [professional misconduct – breach of Act or Rules] of the Real Estate Services Act, and sections 3-3(1)(c) [act only within scope of authority], 3-3(1)(f) [disclose to client all known information] and 3-4 [duty to act with reasonable care and skill] of the Council Rules
Issue: Linda Anne Innes, currently unlicensed, while licensed as a representative with Sheridan Property Management Ltd., Kamloops, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act with respect to entering into a Natural Gas Fixed Price Program Agreement and Agency Appointment (the “Agreement ”) executed by Ms. Innes for Sheridan Property Management Ltd., as strata property manager for the Strata Corporation on or about February 15, 2006, in that she: (a) failed to read and understand the Agreement before executing it, contrary to section 3-4 of the Council Rules; (b) failed to inform the client that the Agreement had been entered into, contrary to section 3-3(1)(f) of the Council Rules; (c) failed to act only within the scope of the authority given by the client, contrary to section 3-3(1)(c) of the Council Rules; and (d) failed to act with reasonable care and skill, contrary to section 3-4 of the Council Rules.
Result: Linda Anne Innes was suspended for thirty (30) days effective upon licence reissuance 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 Linda Anne Innes, and a Consent Order was issued. Further, as a condition of relicensing, Linda Anne Innes was ordered to successfully complete the disciplinary education assignments applicable to Chapter 6 (Professional Ethics) and Chapter 10 (Law of Contract) of the Strata Management Licensing Course, and to pay enforcement expenses to the Council in the amount of $750.00.
P: Mar 4, 2009 R: 2014