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
Respondent: MARGUERITE SHARON SCHMALTZ
File: 07-040
Hearing Date: March 9 and 10, 2010
Decision of Council: April 30, 2010
Date of Penalty Hearing: June 28, 2010
Date of Penalty Hearing Decision: July 19, 2010
Issue: Marguerite Sharon Schmaltz and Maggie Schmaltz Personal Real Estate Corporation, Westwin Realty Ltd. dba Royal LePage Westwin Realty, Kamloops, while licensed as Marguerite Sharon Schmaltz, representative, 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)(a) and (d) of the Real Estate Services Act in that she: (a) contravened section 5-8 and 5-13 of the Council Rules in that she failed to disclose to the buyers that the seller had grown marijuana plants outside of the house on the subject property in order to ensure that the buyers could make any further inquiries about whether any marijuana had been grown inside the said house; and (b) contravened section 3-3(1) and 3-4 of the Council Rules in that she failed to make any further inquiries in order to ascertain all the information about the property if she was only advised by the seller that he had grown marijuana outside the said house.
Result: Marguerite Sharon Schmaltz was suspended for twenty-one (21) days from September 15, 2010 to October 5, 2010 (inclusive) for professional misconduct. Further, Ms. Schmaltz was ordered to successfully complete the Trading Services Remedial Education Course and pay enforcement expenses to the Council in the amount of $2,000.00.
P: Aug 31, 2010 R: August 31, 2015