REAL ESTATE COUNCIL OF BRITISH COLUMBIA
In the matter of the Real Estate Services Act
S.B.C. 2004 ch. 42
AND in the matter of a Consent Order pursuant to Section 41 of the Real Estate Services Act
Respondent: HEBA AWAD
File: 08-172
Date of Consent Order: August 23, 2010
Issue: Heba Awad, representative, TRG The Residential Group Realty Ltd. dba TRG The Residential Group Realty, Vancouver, entered into a Consent Order with the Council in which she consented to an Order that, while licensed with Nechako Real Estate Ltd. dba Century 21 In Town Realty, Vancouver, she committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that she, as representative for the buyer in the purchase of property between the developer and the buyer by Contract of Purchase and Sale dated October 24, 2007: (a) failed to provide the managing broker of Century 21 In Town Realty with the trading records regarding the transaction, contrary to section 35(1)(a) of the Real Estate Services Act and section 3-2(1)(b) of the Council Rules; (b) failed to disclose to the managing broker of Century 21 In Town Realty and to the buyer the source, amount and other relevant facts regarding her remuneration for the transaction, contrary to section 35(1)(a) of the Real Estate Services Act and section 5-11 of the Council Rules; (c) did not act with reasonable care and skill when representing the buyer regarding the Contract of Purchase and Sale, contrary to section 35(1)(d) of the Real Estate Services Act and section 3-4 of the Council Rules; and (d) failed to refer the buyer for legal advice regarding the buyer ’s intention to enter into a Contract of Purchase and Sale which included a waiver of the buyer ’s rescission rights as set out in section 21 of REDMA.
Result: Heba Awad 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: Oct 4, 2010 R: Oct 4, 2015