Permanent Surrender of Licence

REAL ESTATE COUNCIL OF BRITISH COLUMBIA

In the matter of the Real Estate Services Act

S.B.C. 2004 ch. 42

NOTICE OF LICENSEE RESIGNATION

Lynda Michele Croft, while licensed as a representative with Croft Agencies Ltd., Surrey, requested the Real Estate Council of British Columbia to discontinue disciplinary proceedings against her as she had decided to permanently retire from real estate practice. Ms. Croft was facing a disciplinary hearing into her professional conduct and would have been required to appear before a hearing committee of the Real Estate Council to respond to these allegations.

The allegations against Ms. Croft in the Notice of Discipline Hearing were that:

She committed professional misconduct within the meaning of section 35(1) of the Real Estate Services Act while providing certain strata management services to the Complainant and to the Second Complainant in 2008 and 2009 in that she:

1. contrary to section 3-2(5) of the Council Rules, failed to promptly notify her managing broker of the conduct of a person whom the managing broker had responsibility that may constitute professional misconduct or may be improper or negligent conduct in relation to the provision of real estate services, in that she failed to promptly notify the managing broker that a licensee had, without the knowledge or consent of the Complainant or Second Complainant, paid the unauthorized amount from an account of the Complainant and failed to promptly notify the managing broker that the licensee was reimbursing the unauthorized amount from an account of the Second Complainant without the knowledge or consent of the Complainant or Second Complainant;
2. contrary to section 3-4 of the Council Rules, failed to act honestly and with reasonable care and skill, in that she directed LT, a person employed by Croft Agencies, to draft an email to the Complainant that stated that "In error an invoice for your Strata Corporation from IP was paid by (the Complainant)" and that stated that the Complainant "allowed the (Second Complainant) to reimburse them for the (Unauthorized Amount) over time at no additional charge", one or both of which were not true statements; and
3. contrary to one or more than one of section 3-3(1)(a) of the Council Rules, section 3-3(1)(c) of the Council Rules and section 3-3(1)(f) of the Council Rules, failed to act in the best interests of the client, failed to act within the scope of authority of the client and failed to disclose material information, in that she failed to disclose to the Complainant or the Second Complainant that the unauthorized amount had been paid from an account of the Complainant, failed to disclose to the Complainant or the Second Complainant that the licensee was reimbursing or had reimbursed the unauthorized amount to an account of the Complainant from an account of the Second Complainant during the period April 23, 2009 to November 11, 2009 by way of eight (8) payments totaling the unauthorized amount, and failed to obtain the consent or any instructions from the Complainant or the Second Complainant concerning the terms of reimbursement of the unauthorized amount.

There has been no discipline hearing or findings of fact with respect to these allegations, and no admissions to these allegations by Ms. Croft.

Considering the fact that there is likely no greater disciplinary sanction than not being licensed to act again, the Real Estate Council agreed with Ms. Croft's request. The lifetime ban on Ms. Croft's licensing under the Real Estate Services Act was effective as of October 29, 2012, although she surrendered her licence to the Real Estate Council on November 25, 2011.