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: CAROLE ANN BAWLF
File: 09-195
Date of Consent Order: February 3, 2011
Issue: Carole Ann Bawlf, representative, D.F.H. Real Estate Ltd. (Sid), Sidney, entered into a Consent Order with the Council in which she consented to an Order that she committed professional misconduct within the meaning of section 35(1)(a) and (d) of the Real Estate Services Act in that she: (a) failed to apply reasonable care and skill in drafting the letter whereby the buyer authorized Ms. Bawlf “to sign on her behalf on small changes to a Contract of Purchase and Sale ” and she failed to include the property address and time frame for which this authority was granted, contrary to sections 5-3(1) and 3-4 of the Council Rules; (b) signed on behalf of the buyer without the buyer ’s authorization or consent and, without restricting the generality of the foregoing, in that the signature on the “letter of authorization ” was not the buyer ’s, contrary to sections 5-1(1) and 3-4 of the Council Rules; (c) failed to act in the best interest of the buyer and acted outside of the scope of her authority in that she signed on behalf of the buyer to remove all subjects for the purchase of the property which is not a ‘small change ” to a Contract of Purchase and Sale, contrary to sections 3-3(1)(a), (b), (c) and (f), 3-4 and 5-3(1) of the Council Rules; (d) failed to use reasonable efforts to discover relevant facts respecting the property, contrary to sections 3-3(1)(a) and (h) and 3-4 of the Council Rules; (e) failed to disclose information and/or provide copies of all relevant documents to the buyer so that the buyer would be aware of all material information regarding the property, contrary to sections 3-3(1)(a) and (f) and 3-4 of the Council Rules; and (f) failed to secure a separate written agreement that the deposit money would be paid to a party other than the trust account of the brokerage in that, with respect to the Contract of Purchase and Sale dated September 2, 2008, the deposit of $3,000.00 was to be paid directly to the seller and the receipt indicated that this deposit was provided to the seller by Ms. Bawlf on behalf of the buyer, contrary to section 27(4) of the Real Estate Services Act.
Result: Carole Ann Bawlf was suspended for thirty (30) days from April 13, 2011 to May 12, 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: Mar 18, 2011 R: Mar 18, 2016