Contact Us Licensee Login

 

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:    Wayne Andrew Hamill & Brian William Roche

File:   11-071

Date of Consent Order:    January 29, 2013 

Issue: Wayne Andrew Hamill, representative, and Wayne Hamill Personal Real Estate Corporation, Star-West Realty Ltd. dba Re/Max Select Properties, Vancouver, entered into a Consent Order with the Council that they committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that they, as representative for the seller of the property in Vancouver, B.C., failed to act in the best interests of the seller and failed to disclose to the seller all known material information respecting the real estate services, and the real estate and the trade in real estate to which the services relate, in that they failed to disclose to the seller that the buyer’s agent had waived his commission and, as such, the listing brokerage would receive the full amount of the commission payable and that no funds would be forwarded to a cooperating brokerage, as contemplated by the Multiple Listing Contract dated January 10, 2011, contrary to sections 3-3(1)(a) and 3-3(1)(f) of the Council Rules.

Issue: Brian William Roche, representative, Star-West Realty Ltd. dba Re/Max Select Properties, 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, as representative for the seller, failed to act in the best interest of the seller, and failed to disclose to the seller all known material information respecting the real estate services, and the real estate and the trade in real estate in which the services relate, in that he failed to disclose to the seller that the buyer’s agent had waived his commission and, as such, the listing brokerage would receive the full amount of the commission payable and that no funds would be forwarded to a cooperating brokerage as contemplated by the Multiple Listing Contract dated January 10, 2011, contrary to sections 3-3(1)(a) and 3-3(1)(f) of the Council Rules. 

Result: Wayne Andrew Hamill and Wayne Hamill Personal Real Estate Corporation were suspended for seven (7) days, from March 27, 2013 to April 2, 2013 (inclusive), and Mr. Hamill was ordered to successfully complete the Real Estate Trading Services Remedial Education Course. 

Result: Brian William Roche was suspended for seven (7) days, from March 27, 2013 to April 2, 2013 (inclusive), and was ordered to successfully complete the Real Estate Trading Services Remedial Education Course. 

Result: Wayne Andrew Hamill, Wayne Hamill Personal Real Estate Corporation and Brian William Roche were ordered to be jointly and severally liable to pay enforcement expenses to the Council in the amount of $1,250.00.

P: Mar 12, 2013 R:  Mar 12, 2018