Donna Elaine Moore & Donald Glenn Moore, Homelife Benchmark Titus Realty, Surrey

Respondent:    

DONNA ELAINE MOORE
DONALD GLENN MOORE

File:   07-545 and 08-142

Date of Consent Order:   May 2, 2011                    

Issue: Donna Elaine Moore and Donna Moore Personal Real Estate Corporation, 621104 B.C. Ltd. dba Homelife Benchmark Titus Realty, Surrey, while licensed as Donna Elaine Moore, representative, 621104 B.C. Ltd. dba Homelife Benchmark Titus Realty, Surrey, entered into a Consent Order with the Council that she committed professional misconduct within the meaning of section 35(1)(d) of the Real Estate Services Act, in that: (a) in relation to a transaction: (i) she failed, contrary to section 3-3(1)(a) of the Council Rules, to act in the best interests of her clients and, contrary to section 3-4 of the Council Rules, to act with reasonable care in that she signed the MLS ® Listing Contract Amendment Forms with semblances of the clients ’ signatures without their authorization; (ii) acted outside the scope of her authority given by her clients, contrary to section 3-3(1)(c) of the Council Rules, by causing the listing price for the Adair property to be reduced on January 10, 2008 and February 4, 2008; (iii) she failed contrary to section 5-3(1) of the Council Rules, to obtain written authorization from her clients to sign MLS ® Listing Contract Amendment Forms on their behalf; (iv) she failed contrary to section 3-4 of the Council Rules, to act with reasonable care and skill by failing to keep her clients apprised of price changes on the MLS Listing for the Property; (b) in relation to several transactions, she failed, contrary to section 5-3(1) of the Council Rules, to obtain written authorization from the clients involved in those transactions to sign certain documents on their behalf; (c) in relation to two transactions, she failed, contrary to section 5-9(1)(a) of the Council Rules, to complete the requirements for written disclosure of her interest in the trade, which was the subject of the contract, in accordance with section 5-9 of the Council Rules; (d) in relation to several transactions, she failed, contrary to section 3-3(1)(d) of the Council Rules, to advise the clients involved in those transactions to seek independent legal advice when the deposit for the units being purchased by them was to be held by the sellers ’ solicitors, someone other than the brokerage; (e) in relation to four transactions, she failed, contrary to section 27(1)(a) of the Real Estate Services Act, to promptly deposit cheques that she received from the buyers involved in those transactions into the trust account of the brokerage, but rather left the deposit cheque with the developer to forward to the developer ’s solicitors; (f) in relation to several transactions, she failed, contrary to section 3-4 of the Council Rules, to act with reasonable care and skill in that she completed the Disclosure of Remuneration forms related to those transactions identifying Lighthouse Realty Ltd. as her brokerage, when in fact Lighthouse Realty Ltd. was the brokerage representing the seller; (g) in relation to two transactions, she failed, contrary to section 5-11(1)(a) of the Council Rules, to disclose to the clients involved in those transactions the remuneration she would be receiving in connection with the transaction; and (h) in relation to a transaction, she failed, contrary to section 35(1)(d) of the Real Estate Services Act and section 3-3(1)(i) of the Council Rules, to take reasonable steps to avoid a conflict of interest and, contrary to section 3-3(1)(j) of the Council Rules, to promptly and fully disclose a conflict of interest arising from her provision of a gift of $69,000 for use as a part of the down payment for the purchase of a Hyland Road property.

Issue: Donald Glenn Moore, representative, 621104 B.C. Ltd. dba Homelife Benchmark Titus Realty, Surrey, entered into a Consent Order with the Council that he committed professional misconduct within the meaning of section 35(1)(d) of the Real Estate Services Act, in that in relation to three transactions, he failed, contrary to section 5-9(1)(a) of the Council Rules, to provide disclosure to the parties involved in those transactions of his interest in the trade in the form required by the Council, of some or all of the information required by section 5-9(5) of the Council Rules.

Result: Donna Elaine Moore was suspended for one hundred and fifty (150) days from June 22, 2011 to November 18, 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.

Result: Donald Glenn Moore was suspended for twenty-one (21) days from May 25, 2011 to June 14, 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: Jun 6, 2011 R: Jun 6, 2016