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: GAURAV PUNEET SHARMA & ORLANDO IRVIN JOHANNSON
File: 210-006
Date of Consent Order: June 15, 2011
Issue: Gaurav Puneet Sharma, representative, Landmark Realty Corp., Abbotsford, entered into a Consent Order with the Council that he committed professional misconduct within the meaning of section 35(1) of the Real Estate Services Act in that he: (a) contrary to section 3-4 of the Council Rules, failed to act with reasonable care and skill, in that he failed to clarify with the buyers and with the buyers ’ representative whether the buyers wanted vacant possession of the property, free and clear of the tenancies; (b) contrary to section 3-4 of the Council Rules, failed to act with reasonable care and skill in that he failed to provide to the buyer or to the buyers ’ representative any information relating to the tenancies, such as rent, term, security deposits or copies of any tenancy agreements; and (c) contrary to sections 3-3(1)(a) and 3-4 of the Council Rules, failed to act in the best interests of the sellers and failed to act with reasonable care and skill, in that he allowed the sellers to enter into the sale contract which provided for vacant possession which he knew or ought to have known was not possible given the possession date was less than 30 days from the date of the sale contract.
Issue: Orlando Irvin Johannson, representative, 541012 British Columbia Ltd. dba Re/Max Sabre Realty Group, Port Coquitlam, entered into a Consent Order with the Council that he committed professional misconduct within the meaning of section 35(1) of the Real Estate Services Act in that he: (a) contrary to one or more than one of sections 3-3(1)(a) and 3-4 of the Council Rules, failed to act in the best interests of the buyers and failed to act with reasonable care and skill, in that he knew that the property was subject to the tenancies and knew that the buyers wanted vacant possession and failed to advise the buyers about the requirements of the Residential Tenancy Act and the risks associated with non-compliance with the Act; and (b) contrary to one or more than one of sections 3-3(1)(a) and 3-4 of the Council Rules, failed to act in the best interests of his clients and failed to act with reasonable care and skill, in that he failed to make the appropriate inquiries of the listing representative as to the steps taken to ensure that the property would not be subject to the tenancies.
Result: Gaurav Puneet Sharma was suspended for fourteen (14) days from August 3, 2011 to August 16, 2011 (inclusive) and was ordered to successfully complete the Trading Services Remedial Education Course.
Result: Orlando Irvin Johannson was suspended for seven (7) days from August 3, 2011 to August 9, 2011 (inclusive) and was ordered to successfully complete the Trading Services Remedial Education Course.
P: Jul 18, 2011 R: Jul 18, 2016