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: AMARPAL (PAUL) SINGH ATWAL
File: 09-007
Date of Consent Order: November 7, 2011
Issue: Amarpal (Paul) Singh Atwal, representative, Fraseridge Realty Ltd. dba Amex-Fraseridge Realty, Vancouver, entered into a Consent Order with the Council that, while licensed with Royal Pacific Realty (Kingsway) Ltd., Vancouver, he committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in relation to a Contract of Purchase of Sale dated March 26, 2008 concerning a property on Nanaimo Street, Vancouver British Columbia and his subsequent entering into Assignment of Contract of Purchase and Sale dated April 8, 2008, in that he:
(a) contrary to section 7(3)(a) of Real Estate Services Act, provided real estate services outside of his brokerage, in that he failed to submit a copy of the assignment to the brokerage;
(b) contrary to section 5-9 of the Council Rules, failed to provide a fully completed Disclosure of Interest in Trade to the seller in that it was lacking the required information with respect to the disposition of the property;
(c) contrary to section 5-9 of the Council Rules, did not provide a Disclosure of Interest in Trade to the assignee when Mr. Atwal assigned the contract to him;
(d) contrary to section 3-2(2)(a) of the Council Rules, failed to inform his managing broker of services he was providing to the assignee; and
(e) contrary to section 3-4 of the Council Rules, failed to act honestly and/or use reasonable care and skill in that he:
(i) prepared the assignment, indicating that the amount of deposit on the contract was $0, when he knew, or should have known that the brokerage was holding a deposit of $30,000 in trust for this transaction; and
(ii) removed subjects and allowed the contract to become firm and binding when he knew he would not be able to complete the contract if his assignee was unable to fulfill the terms of the assignment.
Result: Amarpal (Paul) Singh Atwal was suspended for forty-five (45) days from January 4, 2012 to February 17, 2012 (inclusive), and 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: Dec 1, 2011 R: Dec 1, 2016