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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:  Lloyd Robert Taverner

File:  12-204

Date of Consent Order:  December 13, 2013

Issue: Lloyd Robert Taverner, representative, Macdonald Realty, Kelowna, (1995) Ltd. dba Macdonald Realty Kelowna, Kelowna, entered into a Consent Order with the Council that he committed professional misconduct within the meaning of section 35(1) of the Real Estate Services Act while acting as the listing agent for the sale of property in that he provided an affidavit to the Supreme Court of British Columbia in support of foreclosure proceedings of the mortgagor, and contravened sections 3-3(1)(a), 3-3(1)(c), 3-3(1)(e), 3-3(1)(i) and 3-3(1)(j) of the Council Rules:

(a) by failing to act in the best interest of his clients;

(b) by failing to act in accordance with the lawful instructions of his clients;

(c) by failing to act only within the scope of authority given to him by his clients;

(d) by failing to maintain the confidentiality of information with respect to his clients;

(e) by volunteering to disclose confidential information about his clients without their consent and approval;

(f) by failing to take reasonable steps to avoid a conflict of interest; and

(g) by failing to disclose a conflict of interest to his clients when it arose.

Result: Lloyd Robert Taverner was subject to an Order of a discipline committee that he: (a) be suspended for twenty-one days, from January 29, 2014 to February 18, 2014 (inclusive); (b) register for and 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: February 4, 2014 R: February 4, 2019