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:
BRUCE IRVING WARD
BRUCE WARD REALTY LTD.
File: 09-459
Date of Consent Order: April 5, 2011
Issue: Bruce Irving Ward, managing broker, Bruce Ward Realty Ltd., Vancouver, entered into a Consent Order with the Council that he committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he: (a) failed to act in the best interests of his property management clients and failed to use reasonable care and skill, in that he did not provide the clients with a definitive termination date for the agreement, contrary to one or more than one of sections 3-3(1)(a) and 3-4 of the Council Rules; (b) failed to act within the scope of authority given by his clients, in that he permitted the brokerage to charge the clients a fee in addition to an insurance premium paid by the brokerage on behalf of the clients, contrary to section 3-3(1)(c) of the Council Rules; (c) failed to have a description of the services to be provided by the brokerage, in that he failed to ensure that the agreement between the brokerage and the clients included a provision describing the insurance services to be provided by the brokerage, contrary to section 5-1(4)(e) of the Council Rules; and (d) failed to provide in the agreement for the remuneration and the circumstances under which the remuneration would be payable, in that he failed to ensure that the agreement between the brokerage and the clients contained provisions for remuneration for insurance services and the circumstances under which the remunerations would be payable, contrary to section 5-1(4)(f) of the Council Rules.
Issue: Bruce Ward Realty Ltd., Vancouver, entered into a Consent Order with the Council that it committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that it: (a) failed to act in the best interests of the property management clients and failed to use reasonable care and skill, in that the brokerage did not provide the clients with a definitive termination date for the agreement, contrary to one or more than one of sections 3-3(1)(a) and 3-4 of the Council Rules; (b) failed to act within the scope of authority given by the clients, in that the brokerage charged the clients a fee in addition to the insurance premium paid by the brokerage on behalf of the clients, contrary to section 3-3(1)(c) of the Council Rules; (c) failed to have a description of the services to be provided by the brokerage, in that the agreement between the brokerage and the clients did not include a provision describing the insurance services to be provided by the brokerage, contrary to section 5-1(4)(e) of the Council Rules; and (d) failed to provide in the agreement for the remuneration and the circumstances under which the remuneration would be payable, in that the agreement between the brokerage and the clients did not contain provisions for remuneration for insurance services and the circumstances under which that remuneration would be payable, contrary to section 5-1(4)(f) of the Council Rules.
Result: Bruce Irving Ward was reprimanded and was ordered to successfully complete the Trading Services Remedial Education Course.
Result: Bruce Ward Realty Ltd. was reprimanded.
Result: Bruce Irving Ward and Bruce Ward Realty Ltd. were ordered to be jointly and severally liable to pay enforcement expenses to the Council in the amount of $1,000.00.
P: May 10, 2011 R: May 10, 2012