Consent Order

Published on
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Licensee
Darin Nielsen, Darin Edward Nielsen
Brokerage at Time of Sanctioned Activity
Current Brokerage
Coquitlam
Consent Order Date
28 November 2012

Summary

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

Issue: Darin Edward Nielsen, currently unlicensed, entered into a Consent Order with the Council that, while licensed as a representative with Park Georgia Realty Ltd. (Coq), Coquitlam, and while licensed as a representative with Brookside Realty Ltd. dba Royal LePage - Brookside Realty, Maple Ridge, he:

Refinance of Personal Property

  1. committed conduct unbecoming within the meaning of section 35(2) of the Real Estate Services Act in that he attempted to refinance a property owned by him in Port Coquitlam, B.C. by providing false or misleading information to a prospective mortgage lender, in that he, for the purpose of attempting to obtain first mortgage financing:
    1. provided or caused to be provided a December 2, 2009 employment letter to a prospective mortgagee purportedly signed by SS for a company that declared that:
      1. the company was located at an address in Port Coquitlam, B.C.;
      2. the company had a certain telephone number and fax number;
      3. SS was the company's manager; and
      4. Mr. Nielsen was employed with the company as Western Region Accounts Manager & Customer Relations, as of 2008 and earned a certain amount per annum, and that he had been employed as such since July 1998,
      5. statements that he knew or ought to have known were both false and misleading;
    2. signed SS's name as the company's manager to the said employment letter, without her knowledge or consent;
    3. failed to disclose material information to the prospective mortgagee, including other properties owned by him, his status as a licensee, and that some of his income was derived from remuneration arising from real estate services provided by him as a licensee with Park Georgia Realty Ltd., when he knew or ought to have known the prospective mortgagee was relying on the accuracy of the information provided by him to satisfy itself as to his creditworthiness and its underwriting obligations;
    4. Purchase of Falcon Crescent Property
  2. as the buyer and the purported buyer's agent, in the purchase of property at Falcon Crescent, Mission, B.C. ("Falcon") by way of a May 31, 2004 Contract of Purchase and Sale ("First Contract"), committed misconduct, contrary to section 31(1)(c) of the Real Estate Act, as it was then known, in that, for the purpose of obtaining first mortgage financing, he:
    1. falsified or caused to be falsified a different Contract of Purchase and Sale dated May 31, 2004 ("Second Contract") than the First Contract, in that the Second Contract:
      1. was not signed by the sellers nor signed with their authorization, knowledge or consent,
      2. included the listing agent, as the purported witness to the sellers' purported signatures, when she had not signed her name as witness to their signatures on the Second Contract nor was it signed with her authorization, knowledge or consent,
      3. substituted the name of a purported buyer's agent, when Mr. Nielsen was the notional buyer's agent,
      4. endorsed the purported buyer's agent's signature as the purported witness to Mr. Nielsen's signature on the Second Contract when he had no involvement with or knowledge of the transaction whatsoever. The purported buyer's agent was a licensee, however, he had not signed his name, witnessed Mr. Nielsen's signature on the Second Contract, nor had he authorized the use of his name,
      5. included a certain sale price, which Mr. Nielsen knew to be false and misleading, as it was not the actual sale price, and
      6. included a certain deposit amount, which Mr. Nielsen knew to be false and misleading, as the actual deposit amount was different;
    2. falsified or caused to be falsified the Property Disclosure Statement signed by the sellers for the purpose of obtaining first mortgage financing by deleting, without the sellers' knowledge or consent, the sellers' representation, that Falcon had formerly been used as a marijuana grow operation;
    3. falsified or caused to be falsified a pay cheque and stub from a company showing his 2004 bi-weekly net income to be a certain amount, which he knew or ought to have known was false or misleading or both;
    4. falsified or caused to be falsified a 2003 Government of Canada T4 Statement of Remuneration, which purported to show his 2003 income to be a certain amount, which he knew or ought to have known was both false and misleading;
    5. represented to the mortgagee, which registered a mortgage on June 29, 2004, that Falcon was acquired by way of a Second Contract and, in so doing, concealed the First Contract from the mortgagee, information which was false and would be misleading to the mortgagee.

Results

Darin Edward Nielsen's licence was cancelled for three (3) years from November 28, 2012 to November 29, 2015 (inclusive) and that on application for relicensing, Mr. Nielsen will be subject to a Qualification Hearing pursuant to section 10 of the Real Estate Services Act and section 2-6 of the Council Rules. In addition, as a condition of relicensing, Mr. Nielsen must successfully complete the Real Estate Trading Services Licensing Course and Examination. Further, Mr. Nielsen was ordered pay enforcement expenses to the Council in the amount of $1,000.00.