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: HARJINDER (RAJ) SINGH THIND
File: 08-221
Date of Consent Order: October 27, 2010
Issue: Harjinder (Raj) Singh Thind, representative, West Coast Realty Ltd. (Coq) dba Sutton Group-West Coast Realty (Coq), Coquitlam, entered into a Consent Order with the Council in which he consented to an Order that, while licensed as a representative with Apex International Services Ltd. (Bby) dba Century 21 Apex International (Bby), Burnaby, he committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that, in connection with a Contract of Purchase and Sale for business assets between himself as the buyer and/or assignee and International News and Matex Consulting Corporation as seller dated May 21, 2008 (the “Contract ”), he: (a) failed to provide a completed and properly executed Disclosure of Interest in Trade to the assignee/buyer when he assigned the Contract to a third party, contrary to section 5-9(1)(a) of the Council Rules; (b) failed to avoid a conflict of interest when he represented that assignee/buyer as buyer ’s agent in the Contract while he was a principal in the transaction, contrary to section 3-3(1)(j) of the Council Rules; (c) failed to disclose to the assignee/buyer of his conflict in interest regarding the Contract, contrary to section 3-3(1)(j) of the Council Rules; (d) failed to provide copies of the transaction and related documents regarding the Contract to the brokerage promptly, contrary to section 3-2(1)(b) of the Council Rules; (e) did not submit the necessary paperwork to the brokerage until after the deposit was due, contrary to section 3-2(2)(b) of the Council Rules; (f) failed to act in the best interests of the assignee/buyer when he facilitated the removal of all subjects on the Contract when he knew or ought to have known that the assignee/buyer had not completed all due diligence with respect to the transaction, contrary to section 3-3(1)(a) and 3-4 of the Council Rules; and (g) acted in a conflict of interest when he created an addendum to the original Contract which irrevocably released Mr. Thind from any obligations under the Contract without ensuring that the assignee/buyer received independent legal advice.
Result: Harjinder (Raj) Singh Thind and Raj Thind Personal Real Estate Corporation was suspended for forty-five (45) days from December 15, 2010 to January 28, 2011 (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: Dec 16, 2010 R: Dec 16, 2015