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: RICHARD LEIGH MAIDMENT
STANLEY PETER AKSENCHUK
File: 07-459
Date of Consent Order: April 9, 2009
Issue: Richard Leigh Maidment, currently unlicensed, while licensed as a representative with 707099 B.C. Ltd. dba Realty Executives of Prince George, Prince George, 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)(d) of the Real Estate Services Act in that he, as a purported limited dual agent in the sale of property by the seller to the buyer by Contract of Purchase and Sale dated July 2, 2007 ( “contract ”): (a) failed to clarify the nature of the representation that he would provide to the seller prior to providing trading services and prior to the seller agreeing to the terms of the contract which included him also acting on behalf of the buyer, including his failure to incorporate a limited dual agency agreement in the contract, in accordance with section 5-10 of the Council Rules; (b) failed to monitor the contract to ensure that the buyer provided the deposit contemplated in the contract, in accordance with section 3-3(1)(a) and section 3-4 of the Council Rules; (c) failed to promptly advise his managing broker that the deposit contemplated in the Contract had not been received, in accordance with his duties under section 3-2(2)(b) of the Council Rules; (d) when the deposit was received, albeit late, failed to promptly pay or deliver same to his brokerage, in accordance with section 27(1) of the Real Estate Services Act; and (e) failed to ensure that the seller was advised to seek independent legal advice prior to signing the contract, especially in light of Mr. Maidment ’s close relationship with the buyer, as required by section 3-3(1)(i) and (j) of the Council Rules.
Issue: Stanley Peter Aksenchuk, managing broker, 707099 B.C. Ltd. dba Realty Executives of Prince George, Prince George, 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)(a) of the Real Estate Services Act by contravening section 3-1(4)(a) and 3-1(5) of the Council Rules in that he failed to ensure that the seller was immediately notified in writing that the deposit that was contemplated by the contract had not been received, in accordance with his duties as a managing broker.
Result: Richard Leigh Maidment was suspended for fourteen (14) days upon licence reissuance and ordered to successfully complete the disciplinary education assignment applicable to Chapter 12 (The Law of Agency) of the Real Estate Trading Services Licensing Course and pay enforcement expenses to the Council in the amount of $500.00 as a condition of licence reissuance.
Result: Peter Stanley Aksenchuk was reprimanded and ordered to pay enforcement expenses to the Council in the amount of $750.00.
P: May 21, 2009 R: May 21, 2013