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: Christopher James Kyle
File: 09-514
Date of Consent Order: January 5, 2012
Issue: Christopher James Kyle, managing broker, Kyle Properties Ltd., Vancouver, entered into a Consent Order with the Council that he committed professional misconduct within the meaning of section 35(1) of the Real Estate Services Act in that he, contrary to one or more than one of sections 3-3(1)(a) and 3-3(1)(c) of the Council Rules, failed to act in the best interests of his client and failed to act only within the scope of authority given by the client, in that he withdrew or caused to be withdrawn from the trust account of the complainant the new fee for the months of January 2009 to and including October 2009 when the complainant had not authorized the new fee in writing.
Issue: Kyle Properties Ltd., 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 5-1(1)(a) of the Council Rules, failed to have a written service agreement between the brokerage and the client, in that the brokerage and the complainant did not have a signed written service agreement for the provision of strata management services.
Result: Christopher James Kyle was reprimanded and was ordered to successfully complete the Strata Management Remedial Education Course.
Result: Kyle Properties Ltd. was reprimanded.
Result: Christopher James Kyle and Kyle Properties Ltd were ordered to be jointly and severally liable to pay enforcement expenses to the Council in the amount of $1,000.00.
P: Feb 3, 2012 R: Feb 3, 2013