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: HAROLD JOHN KULLMAN
Date of Consent Order: August 20, 2009
Issue: Harold John Kullman,representative,Horizon Realty Ltd. (Wstbnk) dba Coldwell Banker – Horizon Realty (Wstbnk), Westbank, entered into a Consent Order with the Council in which he consented to an Order that, while he was licensed as a representative with Horizon Realty Ltd. dba Coldwell Banker – Horizon Realty, Kelowna, he committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he, in the marketing and sale of property at Chute Lake Road: (a) signed the Contract of Purchase, on behalf of the seller, without having written authority, contrary to section 5-3 of the Council Rules; (b) failed to deliver or provide a copy of the ratified Contract to the seller, contrary to section 5-4(a) of the Council Rules; (c) failed to deliver to his brokerage a copy of the ratified Contract, contrary to sections 3-2(1)(b) and 5-4(b) of the Council Rules; (d) failed to act in the best interest of his client and apply reasonable care and skill when he did not advise the sellers to clarify in writing the ambiguous clause “ …The Buyer agrees to keep their new dwelling at a reasonable height … ”, contrary to sections 3-3(1)(a) and 3-4 of the Council Rules; and (e) failed to apply reasonable care and skill in that he failed to execute an addendum for the signature of the buyer and the seller, removing the subject to the seller ratifying the Contract by May 16, 2006, contrary to section 3-4 of the Council Rules.
Result: Harold John Kullman was suspended for seven (7) days from October 14, 2009 to October 20, 2009 (inclusive) and was 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 pay enforcement expenses to the Council in the amount of $750.00.
P: Sep 23, 2009 R: Sep 23, 2014