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: WILBUR BERNARD ROSHINSKY
File: 07-387
Date of Consent Order: April 5, 2011
Issue: Wilbur Bernard Roshinsky, representative, Royal Pacific Realty (Kingsway) 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 by: (a) acting as a limited dual agent when he ought to have known that his client required principal and agent representation; (b) failing to ensure that his client received appropriate legal advice or provided an appropriate waiver before entering into contracts that appeared to favour the developer over his client ’s, both as to price and terms; and (c) failing to act in the best interest of his client, contrary to section 3-3(1)(a) of the Council Rules, by failing to incorporate into the contracts an agreed-upon term permitting his client to rescind or cancel the transactions.
Result: Wilbur Bernard Roshinsky was suspended for thirty (30) days from June 1, 2011 to June 30, 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: May 10, 2011 R: May 10, 2016