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: MOHAN (MIKE) SINGH MARWAHA
File: 07-408
Date of Consent Order: February 19, 2010
Issue: Mohan (Mike) Singh Marwaha, unlicensed, entered into a Consent Order with the Council in which he consented to an Order that, while licensed as a representative with Medallion Realty Ltd. dba Sutton Group Medallion Realty, Surrey, he committed professional misconduct within the meaning of section 35(1) of the Real Estate Services Act in that he: (a) contrary to section 7(3)(a) of the Real Estate Services Act, provided real estate services to one or more than one of the Company, SM and TS, other than on behalf of Sutton Group to which he was licensed; (b) contrary to section 7(3)(b) of the Real Estate Services Act, accepted remuneration in relation to real estate services from a person other than Sutton Group, to which he was licensed; (c) contrary to section 27(4) of the Real Estate Services Act, failed to obtain a written agreement signed by the principals to the Contract and separate from the Contract, pursuant to which the principals agreed that sections 27(1) and 27(2) of the Real Estate Services Act did not apply; (d) contrary to section 35(1)(c) of the Real Estate Services Act, inserted in the Contract the phrase “The Purchaser is aware of one of Directors Company is Realty with Sutton Medallion ” after the Contract was signed by SM and without the knowledge of SM; (e) contrary to section 35(1)(c) of the Real Estate Services Act, prepared the Second Contract for Lot 32 between the Company and SM dated June 20, 2007 being 10 months after the Assignment; (f) contrary to section 35(1)(c) of the Real Estate Services Act, prepared the 2007 List back between Sutton Group and SM dated June 20, 2007 being 10 months after the Assignment; (g) contrary to section 35(1)(c) of the Real Estate Services Act, prepared the Assignment which discloses only the replacement of the deposit of $20,000 under the Contract and does not disclose the additional $20,000 paid by TS as the assignment fee; (h) contrary to section 3-3(1)(d) of the Council Rules, failed to advise SM to obtain independent legal advice with respect to the deposit under the Contract being paid directly to the Company; (i) contrary to section 3-3(1)(f) of the Council Rules, failed to properly and fully advise TS that the size of Lot 32 might change prior to the completion of the purchase by TS; (j) contrary to section 3-3(1)(i) of the Council Rules, was an owner and director of the Company and provided real estate services to the Company and to SM and TS; (k) contrary to section 5-4(6) of the Council Rules, failed to promptly deliver a signed copy of the Contract to Sutton Group; (l) contrary to section 5-9 of the Council Rules, failed to provide to SM a Disclosure of Interest in Trade Form; (m) contrary to section 5-10 of the Council Rules, failed to disclose to SM the nature of the representation he would provide to SM; and (n) contrary to section 5-10 of the Council Rules, failed to disclose to TS the nature of the representation he would provide to TS.
Result: Mohan (Mike) Singh Marwaha was suspended for one hundred and eighty (180) days from March 24, 2010 to September 19, 2010 (inclusive) and was ordered to successfully complete the disciplinary education assignments applicable to Chapter 2 (The Real Estate Services Act) and Chapter 9 (Professional Ethics) of the Real Estate Trading Services Licensing Course, and pay enforcement expenses to the Council in the amount of $1,000.00.
P: Mar 25, 2010 R: Mar 25, 2015