Mona Marlene Murray, MCM Real Estate Ltd., Kamloops

 

Respondent:     MONA MARLENE MURRAY

File:   10-015

Date of Consent Order:   November 7, 2011                      

Issue: Mona Marlene Murray, managing broker, MCM Real Estate Ltd., Kamloops, entered into a Consent Order with the Council that she committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that she:
(a) permitted the brokerage to provide rental property management services by a representative not licensed to do so, contrary to section 3(1) of the Real Estate Services Act;
(b) failed to be actively engaged in the management of the brokerage and to ensure that the business of the brokerage was carried out competently and in accordance with the Act, Regulation, Rules and Bylaws, contrary to section 3-1(1) of the Council Rules and section 6(2) of the Real Estate Services Act;
(c) failed to take reasonable steps to ensure that the business of the brokerage was being conducted by appropriately licensed individuals, contrary to section 3-1(2) of the Council Rules;
(d) published misleading advertising in relation to a representative with the brokerage being licensed to provide property management services when he was not so licensed, contrary to section 4-7 of the Council Rules;
(e) failed to promptly deliver and/or deposit all trust monies received for deposit by the brokerage to the brokerage trust account, contrary to sections 27(1), (2) and 31(2) of the Real Estate Services Act and contrary to section 3-1(2) of the Council Rules;
(f) permitted improper withdrawals from the brokerage trust account, contrary to section 30 of the Real Estate Services Act;
(g) failed to ensure proper books, accounts and other records of the brokerage were maintained, contrary to section 25 of the Real Estate Services Act and section 8-1 of the Council Rules;
(h) failed to ensure that the trust accounts and records of the brokerage were maintained in accordance with the Act, Regulation, Rules and Bylaws, contrary to section 3-1(3) of the Council Rules;
(i) failed to prepare, maintain and retain monthly bank reconciliations for the brokerage,   contrary to section 8-2 of the Council Rules;
(j) failed to ensure that the monthly reconciliations were reviewed, dated and initialed, contrary to section 7-4(2) of the Council Rules;
(k) failed to maintain a separate trust ledger in respect of each pooled trust account, contrary to section 8-3(a)(i) of the Council Rules;
(l) failed to prepare and retain a separate trust ledger in respect of monies held or received on account of remuneration for real estate services for each pooled trust account, contrary to section 8(3)(a)(iv) of the Council Rules;
(m) failed to ensure that the brokerage had a written service agreement in respect of the provision of trading services on behalf of a client, contrary to section 5-1(i)(a), 5-1(1)(b) and 5-1(3)(a) of the Council Rules;
(n) failed to retain a tenancy agreement and other contracts with respect to the rental of real estate for which the brokerage is providing rental property management services, contrary to section 8-6(a) of the Council Rules;
(o) failed to ensure that, where a licensee disposes of real estate, the licensee makes a proper disclosure of interest in trade, contrary to section 5-9 of the Council Rules;
(p) failed to ensure that, before providing trading services to or on behalf of a party to the trade in real estate, the licensee disclosed the nature of the representation the licensee would be providing to the party and remuneration that was to be received from any other person in relation to the same trade in real estate, contrary to section 5-10 of the Council Rules;
(q) failed to ensure that, where the brokerage is acting on behalf of both parties to the transaction, the brokerage has obtained the informed consent of both parties to so act, contrary to section 3-3 of the Council Rules;
(r) failed to ensure that disclosure of remuneration was promptly provided in writing to the client and retained on the appropriate trade file, contrary to section 5-11 of the Council Rules; and
(s) failed to ensure that a trade record sheet with respect to trades in real estate contained the required information, contrary to section 8-5(2) of the Council Rules.

Issue: MCM Real Estate Ltd., Kamloops, 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 in that it:
(a) failed to maintain proper books, accounts and other records, contrary to section 25 of the Real Estate Services Act and section 8-1 of the Council Rules; and
(b) failed to maintain and retain monthly bank reconciliations, contrary to section 8-2 of the Council Rules.

Result: Mona Marlene Murray was reprimanded and ordered to successfully complete Real Estate Trading Services Remedial Education Course.

Result: MCM Real Estate Ltd. was reprimanded.

Result: Mona Marlene Murray and MCM Real Estate Ltd. were ordered to be jointly and severally liable to pay a discipline penalty to the Council in the amount of $1,500.00 and pay enforcement expenses to the Council in the amount of $1,000.00.

P: Dec 1, 2011 R:  Dec 1, 2012