Todd Alexander Gillard, Coldwell Banker Okanagan Realty, Penticton

Respondent:     TODD ALEXANDER GILLARD

File:   10-049

Date of Consent Order:   November 7, 2011                      

Issue: Todd Alexander Gillard, associate broker, Okanagan Realty Inc. dba Coldwell Banker Okanagan Realty, Penticton, 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 as an associate broker with the brokerage, he:
(a) as the owner developer and, thereafter, as an owner at SH, failed to comply with all the technical requirements of section 9-3 of the Council Rules when providing his own strata management services to SH, including ensuring he was:

• not the sole signing authority for expenditures and withdrawals;
• providing the written disclaimers to SH that even though he was licensed under the Real Estate Services Act, he was not acting as a licensee in this matter, he was not regulated under the Real Estate Services Act in relation to the strata management services, and SH was not entitled to the same protections applicable under the Real Estate Services Act to persons who deal with licensees who are not acting under this section of the Rules; and
• providing the section 9-3 disclosure to his managing broker;

(b) provided trading services on his own behalf and not through or on behalf of his related brokerage in sales of some of the development units at SH, contrary to section 7(3)(a) of the Real Estate Services Act;
(c) failed to promptly pay or deliver to the brokerage or other appropriate trustee under the Real Estate Development Marketing Act all money received from, for or on behalf of a principal in relation to real estate services, namely deposits paid to vendors relating to trading services involving five strata lots and strata management fees relating to services provided to SH, in accordance with section 27 of the Real Estate Services Act and section 18 of the Real Estate Development Marketing Act;
(d) failed to promptly provide to his managing broker:

• general records as described in section 8-4 of the Council Rules involving the five strata lots , including disclosure documents and written service agreements; and
• trading records as described in section 8-5 of the Council Rules involving the five strata lots , including contracts, contrary to sections 3-2(1) and   5-4(b) of the Council Rules; and

(e) failed to keep his managing broker informed of the real estate services, including trading services being provided by Mr. Gillard on his own behalf.

Result: Todd Alexander Gillard was suspended for thirty (30) days from December 21, 2011 to January 19, 2012 (inclusive), and was ordered to pay a discipline penalty to the Council in the amount of $1,000.00, 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