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: Walter Harvey May
File: 10-366
Date of Consent Order: June 25, 2012
Issue: Andrews Realty Ltd. dba Re/Max Real Estate Services, Vancouver, 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) contravened section 31 of the Real Estate Services Act and section 5-15 of the Council Rules by advancing commissions to licensees before the commissions were earned in accordance with section 5-15 of the Council Rules; and
(b) contravened section 7-5 of the Council Rules by making payments out of the brokerage commission trust account for bank service charges for a lengthy period of time causing a negative balance in the brokerage trust account.
Issue: Walter Harvey May, managing broker,Andrews Realty Ltd. dba Re/Max Real Estate Services, Vancouver, 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 he:
(a) contravened section 6(2) of the Real Estate Services Act and sections 3-1(1)(b) and 3-1(3) of the Council Rules in that he:
(i) permitted the brokerage to advance commission to licensees before they were earned in accordance with section 5-15 of the Council Rules and contrary to section 31 of the Real Estate Services Act; and
(ii) permitted a shortage in the brokerage trust account to develop as a result of bank service charges, and continue over a lengthy period of time, contrary to section 7-5 of the Council Rules.
Result: Andrews Realty Ltd. dba Re/Max Real Estate Services was reprimandedand was ordered to pay the costs of a re-audit of the brokerage within six months of the date of the Order herein and pay the costs of the re-audit to the Council in the amount of $75.00 per hour.
Result: Walter Harvey May was reprimanded and was ordered to successfully complete the Real Estate Trading Services Remedial Education Course, and to successfully complete the disciplinary education assignments applicable to Chapter 2 (The Real Estate Services Act) and Chapter 4 (Introduction to Financial Statements) of the Broker’s Licensing Course.
Result: Re/Max Real Estate Services and Walter Harvey May were ordered to be jointly and severally liable to pay a discipline penalty to the Council in the amount of $2,000.00, be jointly and severally liable to pay the costs of the audit to the Council in the amount of $675.00 and be jointly and severally liable to pay enforcement expenses to the Council in the amount of $1,000.00.
P: July 20, 2012 R: July 20, 2017