Consent Order

Published on
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Licensee
Gina Drobot, Gina Leanne Drobot
Brokerage at Time of Sanctioned Activity
Current Brokerage
Royal LePage Westwin Realty, Kamloops
Consent Order Date
18 August 2010

Summary

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: July 6 and 7, 2010

Decision of Council: August 18, 2010

Issue: Gina Leanne Drobot, currently unlicensed, while licensed as a representative with Westwin Realty Ltd. dba Royal LePage Westwin Realty, Kamloops, was found by a Discipline Hearing Committee to have committed professional misconduct within the meaning of section 35(1) of the Real Estate Services Act in that she:

  1. contravened section 35(1)(c) of the Real Estate Services Act in that she committed an act of deceptive dealing by creating a May 30, 2007 amendment form which indicated that the buyers and the seller had agreed to a modified sale price of $405,000.00 plus GST when she knew or ought to have known that the buyers did not agree to that sum but had agreed to a total sale price of $420,522.00 inclusive of net GST as set out in the contract;
  2. contravened section 35(1)(c) of the Real Estate Services Act in that she committed an act of deceptive dealing when she purported to witness the buyers ' signatures on the Contract Amendment Form when she did not see them or either of them sign the form and when she knew or ought to have known that the buyers had not signed the form;
  3. contravened section 35(1)(c) of the Real Estate Services Act and committed an act of deceptive dealing when she purported to witness the buyers ' signatures on the May 30, 2007 deficiency checklist addendum when she did not see them or either of them sign the addendum and when she knew or ought to have known that the buyers had not signed the deficiency checklist addendum; and
  4. contravened section 35(1)(d) of the Real Estate Services Act and demonstrated incompetence and contravened section 3-3(1)(c) and 3-4 of the Council Rules in that she failed to ensure that the sale price of $405,000.00 plus GST had been clearly set out in the contract.

Results

Ms. Drobot 's licence was cancelled and she will not be permitted to be licensed for a period of five (5) years from August 18, 2010 to August 17, 2015 and if she should apply to be licensed her application will be referred to a qualification hearing, pursuant to section 10 of the Real Estate Services Act and section 2-6 of the Council Rules. Further, she was ordered to pay a discipline penalty to the Council in the amount of $5,000.00 and to pay enforcement expenses to the Council in the amount of $8,285.00, both of which would be required to be paid by Ms. Drobot within sixty days of the date of this decision or, in any event, before any application for future licensing will be considered by the Council.