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: Robet Gerard Watt
File: 10-051
Date of Consent Order: October 21, 2011
Issue: Robert Gerard Watt, currently unlicensed, while licensed as a representative, Power Play Realty Corp. dba Prudential Power Play Realty, Langley, 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 in that he:
(a) contravened section 7-3(b) of the Real Estate Services Act by accepting remuneration directly from the seller in relation to an agreement between him and the seller that the listing contract for the property would be cancelled;
(b) contravened section 27(1)(b) of the Real Estate Services Act by failing to promptly pay or deliver to his brokerage the remuneration received from the seller, for deposit into the trust account of the brokerage;
(c) contravened section 3-2(2)(a) of the Council Rules by failing to keep his managing broker informed of his agreement with the seller to cancel the listing contract in exchange for the payment of the remuneration;
(d) contravened section 3-3(1)(a) of the Council Rules by failing to act in the best interests of the seller, thereby putting the seller in potential financial jeopardy by leading the seller to believe that the listing contract was cancelled on payment of the remuneration and that the seller was no longer obliged to pay a commission to the brokerage upon the sale of the property when the listing contract was still in force and the seller ’s obligations were intact; and
(e) contravened section 3-4 of the Council Rules by failing to act honestly and to exercise reasonable care and skill to ensure the brokerage was aware of his arrangement he had made with the seller and in entering into such an agreement.
Result: Robert Gerard Watt will not apply for licensing for a period of at least thirty-five (35) days from September 14, 2011 to October 18, 2011 (inclusive). Further, as a condition of continued licensing, he was ordered to successfully complete the Real Estate Trading Services Remedial Education Course and pay enforcement expenses to the Council in the amount of $1,000.00.
P: Nov 23, 2011 R: Nov 23, 2016