REAL ESTATE COUNCIL OF BRITISH COLUMBIA
In the matter of the Real Estate Services Act
S.B.C. 2004, c. 42
AND in the matter of a Disciplinary Hearing held pursuant to Section 41 of the Real Estate Services Act
Respondent: WILLIAM FRANK SANIUK
File: 08-372
Hearing Date: November 25, 2010
Decision of Council: December 21, 2010
Issue: William Frank Saniuk, managing broker, Four Sails Realty Inc., West Vancouver, was found by a Discipline Hearing Committee to have committed professional misconduct within the meaning of section 35(1)(a) and 35(1)(d) of the Real Estate Services Act in that he: (a) added an extension of the expiry date on a listing agreement form dated November 1, 2008 without the consent of the sellers; (b) failed to obtain one of the seller ’s initials on the change in the expiration date on the listing amendment form dated November 1, 2008; (c) processed a listing amendment form dated January 26, 2009 which provided for a further extension of the expiry date on the listing agreement without first obtaining written authorization from all of the sellers of the property; (d) failed to promptly clarify the agency relationship he had with both of the sellers during and after January 2009, subsequent to one of the sellers indicating she wished to work with another agent; and (e) failed to deliver a copy of the listing amendment form dated January 26, 2009 to both of the sellers immediately after it was executed.
Result: William Frank Saniuk was suspended for seven (7) days from January 12, 2011 to January 18, 2011 (inclusive) for professional misconduct. Further, William Frank Saniuk was ordered to successfully complete the Trading Services Remedial Education Course and Unit 1 “Agency Disclosure, Privacy and Code of Ethics ” of the BCREA Trading Services Applied Practice Course, and pay enforcement expenses to the Council in the amount of $1,000.00.
P: Feb 23, 2011 R: Feb 23, 2016