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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:   Patricia (Patti) Ann Goss

File:   10-465 and 11-228

Date of Consent Order:  September 10, 2013

Issue: Patricia (Patti) Ann Goss, representative, Royal City Realty (1992) Ltd. dba Re/Max Advantage Realty, New Westminster, entered into a Consent Order with the Council that she committed professional misconduct within the meaning of section 35(1)(a) in that she:

 (a) in relation to the tenants:

 (i) failed to use reasonable care and skill when she failed to ensure that requirements under the Residential Tenancy Act were adhered to in relation to the showing of the tenanted property on behalf of the sellers of the property, contrary to section 3-4 of the Council Rules;

 (ii) failed to pay into the brokerage trust account monies received from the sellers, contrary to section 27(1)(a) of the Real Estate Services Act;

 (b) in relation to her clients, the sellers of the property:

 (i) failed to act in accordance with the lawful instructions of her clients, contrary to section 3-3(1)(b) of the Council Rules when she failed to return the balance of the funds as instructed;

 (ii) failed to pay into the brokerage trust account monies received from her clients, contrary to section 27(1)(a) of the Real Estate Services Act; and

 (iii) failed to act with reasonable care and skill, contrary to section 3-4 of the Council Rules in respect of payment for the balcony repairs.

 Result: Patricia (Patti) Ann Goss was subject to an Order of a discipline committee that she: (a) be suspended for twenty-one days, from October 16, 2013 to November 5, 2013 (inclusive); (b) successfully complete the Real Estate Trading Services Remedial Education Course; and (c) pay enforcement expenses to the Council in the amount of $1,250.00.

Result: P: November 4, 2013 R: November 4, 2018