Scott Richard Davidson, Century 21 Executives Realty Ltd., Vernon

Respondent:     SCOTT RICHARD DAVIDSON

File:   09-198 and 10-023

Date of Consent Order:   August 24, 2010                      

Issue: Scott Richard Davidson, representative, Century 21 Executives Realty Ltd., Vernon, 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) and (d) of the Real Estate Services Act in that he, as the buyer ’s representative in the proposed purchase by xxxx BC Ltd. ( “Buyer ”) of a commercial and residential development in Vernon, B.C. ( “Property ”) from the Vendor ( “Seller ”) as those terms are defined in the Offer to Purchase and Sale Agreement dated October 31, 2009 ( “Contract ”): (a) contrary to section 27(1)(a) of the Real Estate Services Act, failed to promptly deliver to the Brokerage a deposit cheque received on or about 1:00 pm, November 2, 2009 from the Buyer on account of the deposit under the Contract; (b) contrary to section 3-2(2) of the Council Rules, failed to immediately notify his managing broker that, while he had received the deposit cheque, he had not turned it into the Brokerage; (c) contrary to section 3-4 of the Council Rules, failed to immediately clarify to the Seller ’s Agent that the brokerage was not holding the deposit cheque as he had earlier advised; and (d) contrary to sections 27 and 28 of the Real Estate Services Act and section 3-2(2) of the Council Rules, failed to ensure he had the consent of the Seller and he had informed his managing broker before returning the deposit cheque to the Buyer.   

Result: Scott Richard Davidson was suspended for twenty-one (21) days from October 20, 2010 to November 9, 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 30, 2010 R:   Sep 30, 2015