In 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: Dan Allan Patrick Lobsinger & Associated Property Management (2001) Ltd.
File: 09-341
Date of Consent Order: September 14, 2011
Issue: Associated Property Management (2001) Ltd., Kelowna, entered into a Consent Order with the Council that it committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act by:
(a) contravening section 7(5)(a) of the Real Estate Services Act in that it provided real estate services through an unlicensed person;
(b) contravening section 27(5) of the Real Estate Services Act in that it failed to ensure that no money, other than money referred to in subsections (1) and (2) of section 27 was paid into its brokerage trust accounts; and
(c) contravening section 6-1(1) of the Council Rules in that the brokerage paid remuneration to an unlicensed person in relation to real estate services when the person was required to be licensed in order to provide those services.
Issue: Dan Allan Patrick Lobsinger, managing broker, Associated Property Management (2001) Ltd., Kelowna, entered into a Consent Order with the Council that he committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act by contravening section 3-1(1)(a) and (b) of the Council Rules in that he:
(a) permitted an unlicensed person to provide real estate services on behalf of the brokerage which required licensing under the Real Estate Services Act;
(b) failed to ensure that the said unlicensed person was not paid by the brokerage for providing these real estate services, contrary to section 6-1(1) of the Council Rules; and
(c) failed to ensure that no money, other than money referred to in section 27(1) or (2) of the Real Estate Services Act was paid into the brokerage trust account.
Result: Associated Property Management (2001) Ltd. was reprimanded and ordered to pay the costs of the audit herein in the amount of $881.25.
Result: Dan Allan Patrick Lobsinger was reprimanded ordered to successfully complete the Trading Services Remedial Education Course.
Result: Associated Property Management (2001) Ltd. and Dan Allan Patrick Lobsinger were ordered to be jointly and severally liable to pay enforcement expenses to the Council in the amount of $1,000.00.
P: Nov 8, 2011 R: Nov 8, 2012