REAL ESTATE COUNCIL OF BRITISH COLUMBIA DISCIPLINE DECISION
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: NEVIN LEE LOW
File: 10-268
Date of Consent Order: November 23, 2011
Issue: Nevin Lee Low, associate broker, Max Wright Real Estate Corporation dba Sotheby ’s International Realty Canada, Vancouver, entered into a Consent Order with the Council that, while licensed as a managing broker with Max Wright Real Estate Corporation dba Sotheby ’s International Realty Canada, Vancouver, he committed professional misconduct within the meaning of section 35(1) of the Real Estate Services Act in that he, contrary to section 3-1(1)(b) of the Council Rules, failed to ensure that the business of the brokerage was carried out competently and in accordance with the Act and Council Rules, in that he allowed the brokerage to enter into an agreement to pay remuneration for real estate services to individuals without making reasonable inquiries as to whether the individuals were exempt under Regulation 506/2004 from the requirement to be licensed, in circumstances where it was not clear that the individuals were exempt from the requirement to be licensed.
Issue: Max Wright Real Estate Corporation dba Sotheby ’s International Canada, Vancouver, entered into a Consent Order with the Council that it committed professional misconduct within the meaning of section 35(1) of the Real Estate Services Act in that it, contrary to section 6-1(1) of the Council Rules, agreed to pay remuneration for real estate services to individuals, neither of whom were licensed under the Act, without making reasonable inquiries as to whether the individuals were exempt under Regulation 506/2004 from the requirement to be licensed, in circumstances where it was not clear that the individuals were exempt from the requirement to be licensed.
Result: Nevin Lee Low was reprimanded and was ordered to successfully complete the Real Estate Trading Services Remedial Education Course.
Result: Sotheby ’s International Realty Canada was reprimanded.
Result: Sotheby ’s International Realty Canada and Nevin Lee Low were ordered to be jointly and severally liable to pay enforcement expenses to the Council in the amount of $1,000.00.
P: Jan 4, 2012 R: Jan 4, 2013