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: KIM KRUSE JOHANNSEN
SEAN ROBERT HUMM
File: 07-429 and 08-148
Date of Consent Order: October 7, 2009
Issue: Kim Kruse Johannsen, representative, Ocean Pointe Realty Ltd. dba Re/Max Ocean Pointe Realty, Chemainus, 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 provide an adequate level of supervision to a licensee while that licensee was performing duties on Mr. Johannsen ’s behalf, contrary to section 3-2(4) of the Council Rules; and (b) failed to act with reasonable care and skill in that he did not ensure a licensee properly completed the Contract by including Mr. Humm ’s name as the name of the person who had prepared the Contract and both Mr Humm ’s name and Mr. Johannsen ’s in the agency disclosure section of the Contract, contrary to section 3-4 of the Council Rules.
Issue: Sean Robert Humm, representative, Ocean Pointe Realty Ltd. dba Re/Max Ocean Pointe Realty, Chemainus, 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 failed to act with reasonable care and skill in that he failed to advise the Buyers to secure the Seller ’s agreement in writing to the addition of a subject to financing clause before they removed the existing subjects to clauses in the Contract, contrary to section 3-4 of the Council Rules.
Result: Kim Kruse Johannsen was reprimanded and was ordered to pay a discipline penalty to the Council in the amount of $1,000.00 and to successfully complete the next available Unit 10, “Legal and Ethical Issues ” of the BCREA Residential Trading Services Applied Practice Course.
Result: Sean Robert Humm was suspended for seven (7) days from December 2, 2009 to December 8, 2009 (inclusive) and was ordered to successfully complete the disciplinary education assignments applicable to Chapter 11 (Contracts for Real Estate Transactions) of the Real Estate Trading Services Licensing Course.
Result: Kim Kruse Johannsen and Sean Robert Humm were ordered to be jointly and severally liable to pay enforcement expenses to the Council in the amount of $1,000.00.
P: Nov 12, 2009 R: Nov 12, 2014