Carol Yvonne Youngberg, Coldwell Banker Desert Aire Realty, Osoyoos

Respondent:     CAROL YVONNE YOUNGBERG

File:   08-356 and 08-518

Date of Consent Order:   August 19, 2010                      

Issue: Carol Yvonne Youngberg, managing broker, Desert Aire Realty (1994) Inc. dba Coldwell Banker Desert Aire Realty, Osoyoos, entered into a Consent Order with the Council in which she consented to an Order that she committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act as managing broker of the brokerage by: (a) contravening section 25 of the Real Estate Services Act and section 8-3(b)(iii) of the Council Rules by failing to ensure that the reconciliations for the brokerage ’s rental property services pooled trust account reflected the date the reconciliations were prepared on the monthly trust liability listings; (b) contravening section 8-6 of the Council Rules during December 2008 and January 2009 by failing to ensure that the brokerage retained copies of all residential tenancy agreements entered into on behalf of the brokerage; (c) contravening section 27(2)(a) of the Real Estate Services Act between May 2008 and September 2008 by failing to ensure that all funds submitted to the brokerage in respect of rental property services provided to the client were deposited into the brokerage ’s rental property management brokerage trust account; (d) contravening section 30(1) of the Real Estate Services Act by failing to ensure that bank service charges in connection with the brokerage ’s rental property management trust account were withdrawn from the brokerage ’s general operating account rather than being withdrawn from the brokerage ’s rental property management trust account; (e) contravening section 5-1(1)(b) of the Council Rules by failing to ensure that all rental property management service agreements entered into on behalf of the brokerage satisfied all of the requirements of sections 5-1(2), 5-1(3), 5-1(4), 5-1(5) and 5-1(6) of the Council Rules; (f) contravening section 5-1(1)(c) of the Council Rules by failing to ensure that all strata property management service agreements entered into on behalf of the brokerage satisfied all of the requirements of sections 5-1(1), 5-1(2), 5-1(3), 5-1(4), 5-1(5.1), and 5-1(6) of the Council Rules; (g) contravening section 7-5(1) of the Council Rules by allowing the brokerage to make payments out of the brokerage ’s property management trust account which rendered the brokerage ’s property management trust account into a negative balance; (h) failing to be actively engaged in the management of the brokerage. in accordance with section 6(2) of the Real Estate Services Act and section 3-1 of the Council Rules; (i) failing to ensure that the business of the brokerage was carried out competently and in accordance with the Act, Regulation, Rules and/or Bylaws, as required by section 6(2) of the Real Estate Services Act and section 3-1 of the Council Rules; and (j) failing to ensure that there was an adequate level of supervision for related associate brokers and representatives, in accordance with section 6(2) of the Real Estate Services Act and 3-1 of the Council Rules.   

Result: Carol Yvonne Youngberg was suspended for seven (7) days from October 13, 2010 to October 19, 2010 (inclusive) and was ordered to successfully complete the Trading Services Remedial Education Course, and pay enforcement expenses to the Council in the amount of $1,000.00.

P: Sep 23, 2010 R:   Sep 23, 2015