Consent Order

REAL ESTATE COUNCIL OF BRITISH COLUMBIA

In the matter of the Real Estate Services Act

S.B.C. 2004, c. 42

AND in the matter of a Disciplinary Hearing held pursuant to Section 41 of the Real Estate Services Act

Hearing Date: October 28, 2009 and February 19, 2010

Decision of Council: June 28, 2010

Issue: Binder Singh Lalli, currently unlicensed, while licensed as a representative with Royal Pacific Realty (Kingsway) Ltd., Vancouver, was found by a Discipline Hearing Committee to have:

1. committed professional misconduct within the meaning of section 35(1)(a) and section 27(1) of the Real Estate Services Act in that he received deposit funds in relation to a prospective trade in real estate and he did not promptly deliver the funds to the brokerage for deposit into the brokerage trust account;
2. committed an act of wrongful taking in the sum of $5,350 (Cdn) in relation to a client as the term defined in section 1 "wrongful taking " (b) of the Real Estate Services Act, in contravention of section 35(1)(c) of the Real Estate Services Act by failing to account for or pay over to a client the deposit upon the client 's demand and upon a settlement by way of a June 3, 2008 agreement which terminated the first contract and in which Mr. Lalli agreed to return the deposit on or before August 31, 2008, in full settlement of the parties ' rights under the first contract;
3. committed professional misconduct, contrary to section 35(1)(a) of the Real Estate Services Act, in that he failed to comply with his agency disclosure obligations to a client, in accordance with section 5-10 of the Council Rules;
4. committed professional misconduct, contrary to section 35(1)(a) of the Real Estate Services Act, in that he failed to ensure his managing broker was informed of the real estate services being provided and other activities being performed by Mr. Lalli on behalf of the brokerage, in accordance with section 3-2(b) (as it then was) and section 3-2(2) (as amended) of the Council Rules and failed to ensure his managing broker was provided with those documents referred to in section 3-2(a) of the Council Rules (as it then was), including the first contract and those documents referred to in section 3-2(1) of the Council Rules (as amended), including the settlement agreement;
5. committed professional misconduct, contrary to section 35(1)(a) of the Real Estate Services Act, in that he provided real estate services other than on behalf of the brokerage, in contravention of section 7(3)(a) of the Real Estate Services Act; and
6. committed professional misconduct, contrary to section 35(1)(d) of the Real Estate Services Act, in that he failed to advise his client to seek independent legal advice prior to entering into the first contract.

Results

Binder Singh Lalli 's licence was cancelled and it was ordered that the Council would not consider an application for reissuance of his licence for a period of five (5) years from the date of this Order to June 27, 2015 inclusive. It was also ordered that a Qualification Hearing would be held pursuant to section 2-6 of the Council Rules upon Mr. Lalli 's application to become relicensed to determine if he was suitable for licensing. Further, Mr. Lalli was ordered to pay enforcement expenses to the Council in the amount of $10,457.80 within one year of the date of the decision and, in any event, as a precondition to the scheduling of a Qualification Hearing.