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: HARRY JESSE
File: 07-168
Date of Consent Order: April 28, 2010
Issue: Harry Jesse, representative, Homelife Glenayre Realty Company Ltd., Abbotsford, 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) contravened sections 3-3(h) and 3-4 of the Council Rules when he failed to ascertain or clarify the exact nature of the interest of the said buyer, if any, in the trade properties or the buyer ’s authority to trade the said properties, when he ascertained that the buyer was not the registered owner of the said trade properties; (ii) contravened sections 3-3(1)(a) and 3-4 of the Council Rules when he failed to protect the interests of the said seller by not making the said Contract of Purchase and Sale subject to the seller entering into an unconditional Contract of Purchase and Sale with the buyer for the purchase of the trade properties by a certain date; and (iii) contravened section 3-4 of the Council Rules when he failed to ensure that the terms and conditions of the said Contract of Purchase and Sale dated June 21, 2006 and addenda thereto were sufficiently clear to protect the interests of the seller.
Result: Harry Jesse was suspended for fourteen (14) days from June 23, 2010 to July 6, 2010 (inclusive) and was ordered to successfully complete Trading Services Remedial Education Course, and pay enforcement expenses to the Council in the amount of $750.00.
P: June 2, 2010 R: June 2, 2015