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: Kevin Donald Green
File: 09-022
Date of Consent Order: September 9, 2011
Issue: Kevin Donald Green, associate broker, Southview Property Management Inc., Richmond, entered into a Consent Order with the Council that, while licensed with Croft Agencies Ltd., Surrey, he committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he:
(a) contrary to section 3-3(1)(c) of the Council Rules, failed to act within the scope of authority given by the client, in that in 2009 he purchased a treadmill from a fitness company, at a cost of $6,888.00 from a client ’s trust account without the prior and proper authorization of the client; (b) contrary to section 3-3(1)(c) of the Council Rules, failed to act within the scope of authority given by the client, in that in 2009 he paid the storage invoices for repairs to vandalized storage lockers at the property without the prior and proper authorization of the client;
(c) contrary to section 3-4 of the Council Rules, failed to act with reasonable care and skill, in that he paid the storage invoices although these invoices did not set out appropriate details, such as the storage lockers involved, the supplies or labour involved or the scope of work;
(d) 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 client and failed to use reasonable care and skill, in that he failed to provide to the client a written quotation provided by a company to him pursuant to which janitorial services would be provided by the company to the client on a monthly fixed price basis and failed to secure a written contract for janitorial services to be provided by the company to the client, but instead operated on an oral agreement with the company to provide services at an hourly rate, all of which ultimately resulted in a dispute between the client and the company as to amounts owing to the company;
(e) contrary to one or more than one of sections 3-3(1)(a), 3-3(1)(b) and 3-4 of the Council Rules, failed to act in the best interests of the client, failed to act in accordance with lawful instructions of the client and failed to use reasonable care and skill, in that he failed to properly review invoices to the client for phones used by the caretaker authorized payment of those invoices and failed to provide detailed information on those invoices to the client, which resulted in the client paying for amounts for which they were not properly liable due to the caretaker ’s misuse of the phones;
(f) 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 client and failed to use reasonable care and skill, in that he advised the client that he had, for the benefit of the client, recovered moneys from the caretaker for misuse of the phones when in fact he had not recovered those moneys; and
(g) contrary to one or more than one of section 3-3(1)(a) and 3-4 of the Council Rules, failed to act in the best interest of the client and failed to act with reasonable care and skill, in that he failed to collect rent in the sum of $7,200.00 from the caretaker for use of the client ’s suite by the caretaker.
Result: Kevin Donald Green was suspended for fourteen (14) days from October 26, 2011 to November 8, 2011 (inclusive), and was ordered to successfully complete the Strata Management Remedial Education Course and pay enforcement expenses to the Council in the amount of $1,000.00.
P: Oct 11, 2011 R: Oct 11, 2016