Maureen Gayle Chester, Century 21 Executives Realty Ltd., Vernon

Respondent:     MAUREEN GAYLE CHESTER

File:   09-109

Date of Consent Order:   April 28, 2011                    

Issue: Maureen Gayle Chester, currently unlicensed, entered into a Consent Order with the Council that, while licensed as a representative with Century 21 Executives Realty Ltd., Vernon, she committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in relation to a Contract of Purchase and Sale for property on Saddleview Ave., Lumby, B.C. she: (a) contravened section 7(3)(a) of the Real Estate Services Act by providing real estate services separate from her brokerage; (b) contravened section 27(1)(a) of the Real Estate Services Act by failing to deliver funds received from the buyer to the brokerage; (c) contravened section 5-9(3)(b) of the Council Rules by failing to make a Disclosure of Interest in Trade to the buyer, in that the seller was her spouse, and she had a registered Certificate of Pending Litigation against the subject property; (d) contravened section 5-10 of the Council Rules by failing to disclose the nature of the representation she was providing to both the buyer and the seller; (e) contravened section 3-3(1)(d) of the Council Rules by failing to advise the buyers to seek independent legal advice with respect to the Contract of Purchase and Sale, including, but not limited to, the implications arising from their agreement to be bound by a legal separation agreement between Ms. Chester and her spouse, the seller, to which the buyers were not a party; (f) contravened section 3-2(2)(a) of the Council Rules by failing to keep her managing broker informed of the real estate services she was providing; (g) contravened section 3-3(1)(i) of the Council Rules by failing to take steps to avoid a conflict of interest in the transaction; and (h) contravened section 3-4 of the Council Rules by failing to act with reasonable care and skill when she drafted a Contract of Purchase and Sale without a completion date, and with vague terms with respect to an agreement for sale, which could render the contract unenforceable.

Result: Maureen Gayle Chester was suspended for fourteen (14) days upon licence reissuance, 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.   The suspension period would normally be longer but for the fact that Ms. Chester voluntarily turned in her real estate licence and has remained unlicensed since January 12, 2011.

P: Jun 6, 2011 R: Jun 6, 2016