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: JOHN JOSEPH BERRY
File: 07-256
Date of Consent Order: July 10, 2009
Issue: John Joseph Berry, representative, Ocean Pacific Realty Inc. dba Re/Max Ocean Pacific Realty, Comox, 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 of the Real Estate Services Act by: (a) failing to use reasonable efforts to discover whether the zoning class stated for the property in the listing provided by Mr. Berry to the buyer was correct when Mr. Berry knew or ought to have known that the zoning for the property was a relevant consideration for the buyer; and (b) failing to act with reasonable care and skill by not including in the buyer ’s offer for the property a clause providing that the buyer ’s offer was subject to the buyer ’s confirmation that the zoning class stated for the property in the listing was correct when Mr. Berry knew or ought to have known that the zoning for the property was a relevant consideration for the buyer.
Result: John Joseph Berry was suspended for seven (7) days from September 2, 2009 to September 8, 2009 (inclusive) and was ordered to successfully complete the disciplinary education assignments applicable to Chapter 11 (Contracts for Real Estate Transactions) and Chapter 18 (Local Government Law) of the Real Estate Trading Services Licensing Course, and pay enforcement expenses to the Council in the amount of $750.00.
P: Aug 25, 2009 R: Aug 25, 2014