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: MUNJINDER (MAJOR) SINGH GILL
File: 08-241
Date of Consent Order: November 16, 2010
Issue: Munjinder (Major) Singh Gill, currently unlicensed, while licensed as a representative with Fraseridge Realty Ltd. dba Amex-Fraseridge Realty, Vancouver, 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) of the Real Estate Services Act in that he: (a) contravened section 35(1)(c) of the Real Estate Services Act by misappropriating and/or wrongfully converting money provided to him from buyers for deposits as purchases of individual units in an intended development to be located on Joyce street in Vancouver (the “Joyce Street Development ”), or in the alternative; (b) contravened section 35(1)(c) of the Real Estate Services Act by failing to account for and pay over, within a reasonable time, money that was received by him from buyers for deposits on purchases of individual units at the Joyce Street Development; (c) contravened section 5-13(1)(d) of the Council Rules by failing to disclose to the buyers of units in the Joyce Street Development that the necessary building permits and approvals had not been obtained from the City of Vancouver when he sold the units to some of the buyers; (d) contravened section 7(3)(a) of the Real Estate Services Act by selling units in the Joyce Street Development and providing real estate services separate from the brokerage; (e) contravened section 27(1)(a) of the Real Estate Services Act by failing to deliver deposit money given to him from buyers of units at the Joyce Street Development to the brokerage for deposit into the brokerage ’s trust account absent a separate written agreement from all principals indicating their agreement that the money not be held in the brokerage ’s trust account as set out in section 27(4) of the Real Estate Services Act; (f) contravened section 2-21(2)(a)(i) of the Council Rules by failing to provide a copy of and/or advise the Council of the Order of the Superintendant of Real Estate dated December 8, 2008 directing Westcoastliving Developments Ltd. ( “Westcoastliving ”) and Mr. Gill to cease marketing the Joyce Street Development; (g) contravened section 2-21(4) of the Council Rules by failing to provide a copy of or advise the brokerage of the Order of the Superintendant of Real Estate dated December 8, 2008 directing Westcoastliving and Mr. Gill to cease marketing the Joyce Street Development; (h) contravened section 3-2(1)(b) of the Council Rules in that he failed to provide his managing broker(s) with a copy of the trading records regarding his attempted purchase of the lands where the Joyce Street Development was to be located; (i) contravened section 5-9 of the Council Rules by failing to disclose his status as a licensee and his interest in trade regarding his attempted purchase of lands where the Joyce Street Development was to be located; (j) contravened section 3-2(1)(b) of the Council Rules by failing to provide his managing broker(s) with copies of the trading records regarding the sale of the units at the Joyce Street Development; and (k) contravened section 35(2) of the Real Estate Services Act by committing conduct unbecoming a licensee in that he: (i) marketed, or permitted marketing of units in the Joyce Street Development without a building permit, contrary to section 5(1) of the Real Estate Development Marketing Act; (ii) failed to ensure that deposit money provided in respect of the units he sold at the Joyce Street Development was held in a trust account, contrary to section 18 of the Real Estate Development Marketing Act; (iii) entered into agreements with purchasers to sell units in the Joyce Street Development prior to a disclosure statement being filed with the Superintendant of Real Estate, contrary to sections 3, 14, and 15 of the Real Estate Development Marketing Act; and (iv) entered into contracts for the sale of units in the Joyce Street Development on behalf of the intended development company Westcoastliving Developments Ltd. despite that neither he nor Westcoastliving owned the land on which the Joyce Street Development was to be located.
Result: Munjinder (Major) Singh Gill is not eligible to renew his licence for a period of five (5) years from the date his licence was surrendered to the Council, namely for five years after December 3, 2008 to December 2, 2013. As a condition of re-licensing, Mr. Gill is ordered to pay a discipline penalty to the Council in the amount of $10,000.00. As a further condition of re-licensing, Mr. Gill is ordered to pay enforcement expenses to the Council in the amount of $1,000.00. Further, Mr. Gill is ordered to successfully complete the Trading Services Remedial Education Course within sixty (60) days of licence reissuance.
P: Dec 29, 2010 R: No