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: DOUGLAS WAYNE SAWCHUK
File: 07-100
Date of Consent Order: March 3, 2009
Complaint: Contravention of section 35(1)(a) [professional misconduct – contravention of Act or Rules] of the Real Estate Services Act, and sections 3-3(1)(i) and 3-3(1)(j) [duties to clients – conflict of interest], and 5-10(b)(i) [disclosure of representation] of the Council Rules
Issue: Douglas Wayne Sawchuk, representative, Homelife Glenayre Realty Chilliwack Ltd., Chilliwack, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he: (a) acted as the listing representative on behalf of the seller in the sale of property on Vedder Road, Chilliwack and undertook to act as selling agent on behalf of buyers without the consent of his client, the seller, to act as a limited dual agent, contrary to section 3-3(1)(i) of the Council Rules; (b) failed to disclose, prior to providing trading services to or on behalf of another party to a transaction in real estate that he expected to provide trading services to another party in relation to the same trade in real estate, contrary to section 5-10(b)(i) of the Council Rules; and (c) acted as a limited dual agent while he was a principal to the sale of his own unit at Vedder Road, Chilliwack contrary to section 3-3(1)(i) and 3-3(1)(j) of the Council Rules.
Result: Douglas Wayne Sawchuk was suspended for seven (7) days from April 29, 2009 to May 5, 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 Douglas Wayne Sawchuk, and a Consent Order was issued. Further, Douglas Wayne Sawchuk was ordered to successfully complete the disciplinary education assignment applicable to Chapter 2 (The Real Estate Services Act) of the Real Estate Trading Services Licensing Course, and pay enforcement expenses to the Council in the amount of $750.00.
P: Apr 17, 2009 R: Apr 17, 2014