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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 ch. 42

AND in the matter of a Consent Order pursuant to Section 41 of the Real Estate Services Act

 

Respondent:    Hardev (Hardy) Singh Bains

File:   10-391

Date of Consent Order:    February 21, 2013 

Issue: Hardev (Hardy) Singh Bains, representative, Satnam Real Estate Services Ltd. dba SRS Panorama Realty, Surrey, entered into a Consent Order with the Council that, while licensed with West Coast Realty Ltd. (Sur24) dba Sutton Group-West Coast Realty (Sur24), Surrey, he committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in respect of transactions involving six properties in Surrey, British Columbia (collectively, the “Transactions”), in that he: 

(a) contravened section 27(1)(a) of the Real Estate Services Act and section 3-2(1)(b) of the Council Rules by failing to promptly deliver to his brokerage all money received from his buyer clients in relation to real estate services and/or failed to promptly provide copies of all records to his brokerage;   

(b) contravened section 3-3(1)(a) of the Council Rules by failing to act in the best interests of his buyer clients, by failing to promptly deliver the deposits of his brokerage so that they could be deposited into the brokerage’s trust account as contemplated in the Contract of Purchase and Sale; 

(c) contravened section 3-2(2)(b) of the Council Rules by failing to promptly notify his managing broker that a deposit was not received from his buyer clients as contemplated in the Contract of Purchase and Sale; 

(d) contravened sections 3-3(1)(a), (f) (i) and (j) of the Council Rules in respect of five of the Transactions by failing to take reasonable steps to avoid a conflict of interest by failing to disclose to the Buyer the degree and nature of the conflict, when he undertook to act as a limited dual agent in the sale of property owned by his company, Silverstone Ventures Inc. (“Silverstone”), and/or owned by his family members who held it in trust for him and/or Silverstone; 

(e) contravened sections 5-8, 5-9(3), (4), (5) and 5-10 of the Council Rules in respect of five of the Transactions by failing to promptly and/or properly disclose to the buyers his interest in the trade, including failing to properly complete the requisite Disclosure of Interest in Trade document prior to having the buyer enter into an agreement for the acquisition of the property; 

(f) contravened section 3-4 of the Council Rules by failing to act with reasonable care and skill. 

Result: Hardev (Hardy) Singh Bains was suspended for ninety (90) days from April 17, 2013 to July 15, 2013 (inclusive), and was ordered to successfully complete the Real Estate Trading Services Remedial Education Course and pay enforcement expenses to the Council in the amount of $1,000.00.

P: Mar 22, 2013 R:  Mar 22, 2018