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: LEONARDO DI FRANCESCO
File: 09-425
Date of Consent Order: December 5, 2011
Issue: Leonardo Di Francesco, representative, Sutton Centre Realty Ltd. dba Sutton Centre Realty, Burnaby, 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 when acting as buyers ’ agent with respect to the purchase of property in that he:
(a) failed to use reasonable care and skill in that he did not verify the lot size of the property on behalf of his clients before they entered into a Contract of Purchase and Sale regarding the property, contrary to sections 3-4 and 4-7 of the Council Rules; and
(b) failed to use reasonable efforts or any effort at all to discover the restrictive covenant on the title to the property before his clients signed the addendum removing all subjects to the Contract of Purchase and Sale.
Result: Leonardo Di Francesco was suspended for fourteen (14) days from December 21, 2011 to January 3, 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 12, 2011 R: Dec 12, 2016