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: JACK CARR POTTS
File: 09-227
Date of Consent Order: January 21, 2011
Issue: Jack Carr Potts, associate broker, Twin Valley Realty Ltd. dba Realty Executives Twin Valley, Kamloops, entered into a Consent Order with the Council in which he consented to an Order that, while licensed as a managing broker with Century 21 Riverside Realty 2008 Inc. dba Century 21 Riverside Realty, Kamloops, he committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he: (a) failed to disclose to the client all known material information, in that he failed to disclose to the seller the existence of an offer, contrary to section 3-3(1)(f) of the Council Rules; (b) failed to communicate all offers to the client in a timely, objective and unbiased manner, in that he failed to communicate the offer to the seller, contrary to section 3-3(1)(g) of the Council Rules; and (c) failed to act with reasonable care and skill in that he told a licensee for a prospective buyer that he would not present the offer until the owners of the property, one of which was his client, had concluded a potential settlement, without having the authorization to do so from the seller, contrary to section 3-4 of the Council Rules.
Result: Jack Carr Potts was suspended for seven (7) days from February 16, 2011 to February 22, 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: Feb 23, 2011 R: Feb 23, 2016