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: ARILD STOLTENBERG ENGEN
File: 07-042
Date of Consent Order: May 28, 2009
Issue: Arild Stoltenberg Engen, currently unlicensed, while licensed as a representative with Grand Forks Realty Ltd., Grand Forks, 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) failed to clarify the corporate structure of the seller and whether the son of the principal of the seller could speak on behalf and bind either the principal, the corporate seller or both of them; (b) failed to promptly provide to his managing broker a copy of the contract and failed to keep him informed of the real estate services he was providing, in contravention of section 3-2(1) and 3-2(2)(a) of the Council Rules; (c) accepted $5,000.00 remuneration in relation to real estate services from a person other than his brokerage, in contravention of sections 7(3)(b) and 31 of the Real Estate Services Act and section 5-15 of the Council Rules; (d) failed to ensure there was a written agreement that advised the buyer that the stakeholder provisions of the Real Estate Services Act would not apply and that it was separate from the contract setting out that the deposit was not to be held in trust, but would be paid directly to the seller, in contravention of section 27(4) of the Real Estate Services Act; and (e) acted in a conflict of interest when he accepted instructions from the son of the principal to conceal information, namely the status of the seller which could compromise the transaction, from the parties or either of them, contrary to section 3-3(1)(i) and (j) of the Council Rules.
Result: Arild Stoltenberg Engen was suspended for thirty (30) days upon relicensing and was ordered to successfully complete the disciplinary education assignments applicable to Chapter 9 (Professional Ethics) and Chapter 12 (Law of Agency) of the Real Estate Trading Services Licensing Course, and pay enforcement expenses to the Council in the amount of $1,000.00.
P: Jul 2, 2009 R: Jul 2, 1014