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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:  Ross Danford

File:  12-314

Date of Consent Order:  March 27, 2014

Issue: Ross Danford, representative, Shewan Real Estate Ltd. dba Royal LePage – Wolstencroft, Langley, 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:

a) contrary to section 3-3(1)(i) of the Council Rules, failed to avoid a conflict of interest, in that he continued to act for the seller in the sale of the property and at the same time acted for the buyers in the sales of the CP property and the RR Property when he knew that the buyers could not complete the purchase of the property without the sale of one or both of the CP property and the RR property.

b) contrary to section 3-3(1)(j) of the Council Rules, failed to disclose a conflict of interest, in that he failed to disclose to the seller and to the buyers the conflict of interest as set out in paragraph a) above; and

c) contrary to section 5-10 of the Council Rules, failed to disclose the nature of the representation the licensee would provide to a party, in that when the buyers listed the CP property and RR property with the brokerage, he failed to disclose the nature of the representation he would provide to the buyers, while still acting for the seller in the sale of the property.

Result: Ross Danford was subject to an Order of a discipline committee that he: (a) be suspended for seven (7) days, from April 30, 2014 to May 6, 2014 (inclusive); (b) at his own expense, 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: April 30, 2014 R: April 30, 2019