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 JOHN REMPEL
File: 07-048
Date of Consent Order: April 17, 2009
Issue: Douglas John Rempel, representative, Homelife Glenayre Realty Company Ltd., Abbotsford, entered into a Consent Order with the Council in which he consented to an Order that he committed professional misconduct within the meaning of section 35(1) of the Real Estate Services Act by contravening sections 16 [payment into trust], 36 [disclosure of agency status], 57 [exclusive listing agreements] of the former Real Estate Act, section 9.12 of Regulation 75/61 under the former Real Estate Act, sections 3-2(2)(b) 3-4, 5-1(a) and 5-10 of the Council Rules in that Douglas John Rempel, in transactions relating to the development of a subdivision known as “Falconbridge ”: (a) in each transaction where the deposit was to be held by a party other than the brokerage, failed to ensure that a clause was contained within each Contract of Purchase and Sale that recommended the buyer obtain independent legal advice with regard to the deposit arrangement; (b) failed to adequately disclose the nature of the representation he would be providing to buyers and/or the relationship he had to the seller, contrary to section 5-10 of the Council ’s Rules and/or section 36 of the former Real Estate Act; (c) failed to ensure that prior to providing trading services to the seller, there was a written service agreement, pursuant to section 5-1(a) of the Council Rules and/or section 57 of the former Real Estate Act; (d) demonstrated negligence or incompetence in failing to draft the Contracts of Purchase and Sale with reasonable care and skill, contrary to section 9.12 of Regulation 75/61 under the former Real Estate Act and/or contrary to section 3-4 of the Council; and (e) failed to immediately notify his managing broker of the fact that a deposit had not been received, contrary to section 3-2(2)(b) of the Council Rules.
Result: Douglas John Rempel was suspended for fourteen (14) days from June 10, 2009 to June 23, 2009 (inclusive), 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, to enrol in and attend the first available “Real Estate E&O Insurance Legal Update 2009 ” course and “Contracts Keep on Top of Changes ” course. Further, Douglas John Rempel was ordered to pay enforcement expenses to the Council in the amount of $750.00.
P: May 22, 2009 R: May 22, 2014