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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

 

Respondents:  Dale Roydon Murchison and West Coast Realty Ltd. (BRDWY) dba Sutton Group – West Coast Realty (BRDWY)

File:  11-056

Date of Consent Order:  December 19, 2013

Issue: West Coast Realty Ltd. (Brdwy) dba Sutton Group – West Coast Realty (Brdwy), Vancouver, entered into a Consent Order with the Council that it committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that, in regard to a $40,000.00 deposit held by the brokerage as stakeholder, pursuant to a Contract of Purchase and Sale, it contravened section 30(2)(b) of the Real Estate Services Act in that it released to the buyer’s lawyer the deposit from its trust account without the written agreement of the parties to the Contract of Purchase and Sale.

Issue: Dale Roydon Murchison, managing broker, West Coast Realty Ltd. (Brdwy) dba Sutton Group – West Coast Realty (Brdwy), 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, in regard to the deposit held by the brokerage as stakeholder pursuant to the contract, contravened section 3-1(1)(b) of the Council Rules when he permitted the brokerage to release the deposit to the buyer’s lawyer without the written agreement of the parties to the contract, contrary to section 30(2)(b) of the Real Estate Services Act.

Result: Sutton Group – West Coast Realty (Brdwy) was subject to an Order of a discipline committee that it be reprimanded.

Result: Dale Roydon Murchison was subject to an Order of a discipline committee that he: (a) be suspended for seven (7) days, from February 5, 2014 to February 11, 2014, but that he be immediately eligible to be licensed as an associate broker or representative; and (b) successfully complete the Broker’s Remedial Education Course.

Result: Sutton Group – West Coast Realty (Brdwy) and Dale Roydon Murchison were subject to an Order of a discipline committee that they be jointly and severally liable to pay enforcement expenses to the Council in the amount of $1,250.00.

Result: P: February 4, 2014 R: February 4, 2019