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In the matter of the Real Estate Services Act

  S.B.C. 2004 ch. 42



Eileen Elizabeth Murray, while licensed as a representative with Island West Realty Ltd., Nanaimo, requested the Real Estate Council of British Columbia to discontinue disciplinary proceedings against her as she had decided to permanently retire from real estate practice. Ms. Murray was facing a disciplinary hearing into her professional conduct and would have been required to appear before a hearing committee of the Real Estate Council to respond to these allegations.

The allegations against Ms. Murray in the Notice of Discipline Hearing are:

The Discipline Hearing Committee will determine whether Ms. Murray committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act while acting in capacity of a limited dual agent in the sale and purchase of the property located on Stewart Avenue, Nanaimo, and whether she acted in a conflict of interest when, as an elected member of the strata council, she continued to act for the buyers and did not ensure that they sought independent professional advice with respect to the engineer’s report received after their Contract of Purchase and Sale was firm but before it had completed, contrary to sections 3-3(1)(f) and (i) of the Council Rules.

There has been no discipline hearing or finding of fact with respect to these allegations, and no admissions to these allegations by Ms. Murray.

Considering the fact that there is likely no greater disciplinary sanction than not being licensed to act again, the Real Estate Council agreed with Ms. Murray’s request. The lifetime ban on Ms. Murray’s licensing under the Real Estate Services Act was effective as of October 28, 2013, although she surrendered her licence to the Real Estate Council on May 3, 2013.

Result: P: November 4, 2013 R: No