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: RONALD DAVID HALL
File: 07-302
Date of Consent Order: April 15, 2009
Issue: Ronald David Hall, representative, Homelife Glenayre Realty Chilliwack Ltd., Chilliwack, 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 in that he: (a) contravened section 5-10 of the Council Rules by failing to clarify his agency relationships with the said buyers and seller and also in the Contract of Purchase and Sale dated May 3, 2007 in that he stated that he had an agency relationship with the buyer, and also stated that the buyers and seller had consented to a limited dual agency relationship with him, when, in fact, he only represented the buyer; (b) contravened section 27(4)(a) of the Real Estate Services Act by failing to have the parties to the said contract dated May 3, 2007 execute a separate agreement that the deposit would be paid directly to the seller by the said buyers; (c) contravened section 3-4 of the Council Rules by failing to ensure that the said buyers had a subject to finance clause in the said Contract of Purchase and Sale dated May 3, 2007 as financing was dependent upon the results of an environmental study; (d) contravened section 3-3(1)(d) of the Council Rules by failing to advise the said buyers to seek independent legal advice both in regards to the risk involved in having their deposit paid directly to the seller, and by taking possession of the subject property prior to the completion date in order to make renovations; (e) contravened section 3-3(1)(h) and section 3-4 of the Council Rules by failing to determine the details of the pending applications on the title search for the subject property which resulted in judgments being registered against the title to the said property that were greater than the purchase price; (f) contravened section 5-13 of the Council Rules by failing to disclose in writing to the buyers that the property had previously operated as a gas station which resulted in an environmental study being required as a condition of obtaining financing; (g) contravened section 3-3(1)(e) of the Council Rules by disclosing to the seller, prior to the completion date, how much money the said buyers had spent on renovations, thereby breaching his duty to keep this information confidential; (h) contravened section 3-3(1)(f) of the Council Rules by failing to advise the buyers in a timely manner that the seller had made violent threats against them; and (i) contravened section 3-4 of the Council Rules by having the said buyers sign two addendums, to change the completion date from August 25 to August 24, 2007 and only included the clause in one of the said addendums “Buyers to pay by separate cheque $3,675 to NK for interest from May 24 – August 24, 2007 ” which addendum was withheld from the seller ’s lawyer in order for the seller to protect himself from his creditors.
Result: Ronald David Hall was suspended for sixty (60) days from June 10, 2009 to August 8, 2009 (inclusive) and was ordered to successfully complete the disciplinary education assignments applicable to Chapter 2 (The Real Estate Services Act), Chapter 5 (The Professional Liability of Real Estate Licensees), Chapter 9 (Professional Ethics) and Chapter 11 (Contracts for Real Estate Transactions) 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 pay enforcement expenses to the Council in the amount of $750.00.
P: May 21, 2009 R: May 21, 2013