James William Crawford & Richard John Woolley, Croft Agencies Ltd., Surrey

Respondent:     JAMES WILLIAM CRAWFORD & RICHARD JOHN WOOLLEY

File:   09-443

Date of Consent Order:   August 10, 2011        

Issue: James William Crawford, representative, Crossroads Management Ltd. (Sur), Surrey, entered into a Consent Order with the Council that, while licensed as a representative with Croft Agencies Ltd., Surrey, he committed professional misconduct within the meaning of section 35(1) of the Real Estate Services Act in that he: (a) contrary to section 7(3)(b) of the Real Estate Services Act, accepted remuneration from a person other than his brokerage, in that he invoiced directly the strata corporations for LMS and BCS and directly or indirectly received payments for those invoices from the operating trust accounts of the strata corporations for LMS and BCS and not from the brokerage; (b) contrary to section 3-3(1)(i) of the Council Rules, failed to take steps to avoid a conflict of interest, in that he was the owner of a strata lot in BCS, he was a member of the strata council for BCS and, at the same time, he provided strata management services to BCS; and (c) contrary to section 3-3(1)(j) of the Council Rules, failed to disclose a conflict of interest in that he failed to fully and promptly disclose in writing to the owners or to the strata council of BCS that he was the owner of a strata lot in BCS, that he was a member of the strata council for BCS and, at the same time, that he was providing strata management services to BCS.

Issue: Richard John Woolley, managing broker, Croft Agencies Ltd., Surrey, 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 section 6(2)(b) and 6(2)(c) of the Real Estate Services Act, failed to be responsible for the performance of the duties imposed on the brokerage and failed to be responsible for the control and conduct of the brokerage ’s business, including the supervision of representatives licensed to the brokerage, in that he permitted the brokerage to remunerate Mr. Crawford for his strata management services directly from the operating trust accounts of the strata corporations for LMS and BCS and not from an operating account of the brokerage; and (b) contrary to section 3-1(1) of the Council Rules, failed to be actively engaged in the management of the brokerage, failed to ensure that the brokerage ’s business was carried out competently and in accordance with the Act and the Council Rules, and failed to ensure there was an adequate level of supervision for representatives who performed duties on behalf of the brokerage, in that he permitted the brokerage to remunerate Mr. Crawford for his strata management services directly from the operating trust accounts for the strata corporations for LMS and BCS and not from an operating account of the brokerage.   

Result: James William Crawford was reprimanded and was ordered to successfully complete the Strata Management Remedial Education Course.

Result: Richard John Woolley was reprimanded and was ordered to successfully complete the Strata Management Remedial Education Course.

Result: James William Crawford and Richard John Woolley were ordered to be jointly and severally liable to pay enforcement expenses to the Council in the amount of $1,000.00.

P: Sep 16, 2011 R:  Sep 16, 2012