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REAL ESTATE COUNCIL OF BRITISH COLUMBIA DISCIPLINE DECISION

In  the matter of the Real Estate Services Act

S.B.C. 2004, c. 42

AND in the matter of a  Disciplinary Hearing held pursuant to Section 41 of the Real Estate Services Act

 

Respondent:    Brent Stephen Roberts

File:   10-110

Dates of Hearing:    October 31, 2012

Hearing Decision:  January 22, 2013

Issue: Brent Stephen Roberts, managing broker, Brent Roberts Realty Ltd. dba Royal LePage Brent Roberts Realty, Surrey, was found by a Discipline Hearing Committee to have committed professional misconduct within the meaning of section 35(1)(a) and section 35(1)(d) of the Real Estate Services Act in that he acted as limited dual agent on behalf of the P.T. and D.T., the purchasers, and on behalf of T.P. and himself, the investors, in relation to an agreement titled Equity Share Agreement dated October 27, 2006 pursuant to which the purchasers purchased a 25% interest in property on 148 Street, Surrey, B.C. and in relation to the tenancy of the property, when he:

(i) failed to avoid conflicts of interest in respect of the agreement and in the provision of agency services by Mr. Roberts to both the purchasers and T.P. in that he:

(a) failed to withdraw his agency representation of the purchasers and T.P. when he became a principal in the agreement, and/or financially interested in the property, contrary to section 3-3(1)(i) and 3-4 of the Council Rules;

(b) allowed his personal interests to conflict with his duties as a limited dual agent, contrary to sections 3-3(1)(i) and 5-10(a) and(b)(iii) of the Council Rules;

(c) failed to avoid and/or properly disclose to the purchasers the conflict of interest attendant upon his participation in the agreement, the particulars of the agreement, or attendant on his relationship with T.P., contrary to sections 3-3 and 5-10 of the Council Rules;

(ii) failed to act in the best interest of the purchasers, contrary to section 3-3(1)(a)  of the Council Rules by:

 (a) failing to provide sufficient opportunity for the purchasers and each of them to receive independent legal advice on matters outside of the expertise of the licensee, contrary to sections 3-3(1)(d) and 3-4 of the Council Rules and section 35(1)(d) of the Real Estate Services Act;

(b) advancing the interests of the investors and each of them to the detriment of the purchasers;

(iii) provided trading services in relation to the purchasers’ acquisition of an unregistered interest in the property pursuant to the agreement, separate from his brokerage, contrary to section 7-3 of the Council Rules;

(iv) provided rental property management services in relation to the property and the purchasers’ tenancy of the property, outside of his brokerage, contrary to section 7-3 of the Council Rules;

(v) failed to deliver a $20,000 payment, paid to Mr. Roberts by the purchasers, by way of cheque dated October 27, 2006, to the trust account of his brokerage, contrary to section 27(1)(a) of the Real Estate Services Act; and

(vi) failed to deliver monthly rent payments in respect of the property, paid by the purchasers to Mr. Roberts, in amounts ranging from $700.00 per month to $900.00 per month, commencing November 1, 2006 through to September 1, 2010, to the trust account of his brokerage, contrary to section 27(1)(a) of the Real Estate Services Act

Result:  Brent Stephen Roberts’ licence as a managing broker was suspended for fourteen (14) days, from March 20, 2013 to April 2, 2013 (inclusive) but upon suspension he be immediately eligible to be licensed as an associate broker or representative.  He was ordered to pay a discipline penalty to the Council in the amount of $2,000.00, successfully complete the Real Estate Trading Services Remedial Education Course and pay enforcement expenses to the Council in the amount of $3,683.80.

P: Mar 5, 2013 R:  Mar 5, 2018