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: SAMRIT KAUR SIHOTA
File: 07-488
Date of Consent Order: September 21, 2009
Issue: Samrit Kaur Sihota, representative, Camosun Properties Ltd. dba Re/Max Camosun, Victoria, entered into a Consent Order with the Council in which she consented to an Order that she: (a) committed professional misconduct within the meaning of section 35(1)(d) of the Real Estate Services Act in that she: (i) failed to clarify in the Contract of Purchase and Sale dated April 19, 2005, the exact nature of the interest in the property the buyers were purchasing as the sellers intended to subdivide the property into bare land strata lots, resulting in the buyers receiving a property significantly smaller than described in the legal description of the property in the contract; (ii) failed to name all of the owners of the property in the contract dated April 19, 2005 and obtain signatures from all of the owners in the acceptance portion of the contract; and (iii) marketed the property on the basis that it would be subdivided into bare land strata lots without ensuring that the sellers had complied with the provisions of the Real Estate Development and Marketing Act and, in particular, section 4 and section 14; and (b) committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that she: (i) contravened section 3-4 of the Council Rules by failing to ensure that the contract dated May 30, 2006 was made subject to the contractual interests of MH and EK in “Lot 1 ” by Contract of Purchase and Sale dated April 19, 2005; (ii) contravened section 3-3(1)(i) of the Council Rules by failing to take reasonable steps to avoid a conflict of interest, when she drafted the contract dated May 30, 2006 without obtaining the informed consent of MH and EK with whom she was in a limited dual agency relationship in the Contract of Purchase and Sale dated April 19, 2005; and (iii) contravened section 3-3(1)(d) of the Real Estate Services Act by failing to advise MH and EK to seek independent legal advice when the Contract of Purchase and Sale dated April 19, 2005, in which they were the buyers, had not completed with respect to the purchase of “Lot 1 ”, which was being sold to new owners by Contract of Purchase and Sale dated May 30, 2006.
Result: Samrit Kaur Sihota was suspended for fourteen (14) days from November 18, 2009 to December 1, 2009 (inclusive) and was ordered to successfully complete the disciplinary education assignments applicable to Chapter 2 (The Real Estate Services Act) and Chapter 11 (Contracts for Real Estate Transactions) of the Real Estate Trading Services Licensing Course, to enrol in and attend the first available CPE course “Contracts: Keep on Top of Changes ”, and pay enforcement expenses to the Council in the amount of $1,000.00.
P: Oct 29, 2009 R: Oct 29, 2014