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IN THE MATTER OF THE REAL ESTATE SERVICES ACT 

AND 

IN THE MATTER OF

TUMBLER RIDGE REALTY (2013) Ltd. dba RE/MAX TUMBLER RIDGE REALTY

SUSPENSION ORDER UNDER SECTION 45
AND

ORDER TO FREEZE PROPERTY UNDER SECTION 46

 

Upon reading the Affidavit of Maureen Coleman, Manager of Compliance, of the Real Estate Council of British Columbia (“Council”), sworn this 9th day of May, 2014,

I AM OF THE OPINION that:

1. there has been conduct on the part of Tumbler Ridge Realty (2013) Ltd. dba Re/Max Tumbler Ridge Realty (“Re/Max Tumbler Ridge Realty”) in respect of which a Discipline Committee could make an Order under section 43 of the Real Estate Services Act (“RESA”);

2. the length of time required to complete an investigation or hold a disciplinary hearing, or both, in order to make such an order would be detrimental to the public interest; and

3. it is in the public interest under sections 45 and 46 of RESA to make such an order;

I CONSIDER IT in the public interest to make an Order under section 45(2)(a) of RESA to suspend the licence of Re/Max Tumbler Ridge Realty and an Order under section 45(2)(c) of RESA that Re/Max Tumbler Ridge Realty cease providing any real estate services to or on behalf of any member of the public.

FURTHER, I CONSIDER IT in the public interest to make an Order under section 45(2)(c) of RESA requiring Re/Max Tumbler Ridge Realty to cease all dealings with all brokerage bank accounts currently held at XXXX, including:

XXXX Account
XXXX Account
XXXX Account

XXXX Account
XXXX
XXXX
FURTHER, I CONSIDER it in the public interest to make an Order under section 45(2)(c) of RESA requiring Re/Max Tumbler Ridge Realty to immediately deliver up all books, records, including computer records, accounts, bank records, bank statements, client information, and computers of the brokerage with respect to its real estate services to the Council.

FURTHER, I CONSIDER it in the public interest to make an Order under section 46(2)(a) of RESA to prohibit Re/Max Tumbler Ridge Realty from withdrawing any funds from the brokerage accounts, including the accounts named above, currently held at XXXX as above, except as directed by the Council.

FURTHER, I CONSIDER it to be in the public interest to make an Order under section 46(3) of RESA requiring Re/Max Tumbler Ridge Realty to hold, on deposit, under control or for safekeeping, any property of Re/Max Tumbler Ridge Realty until further direction of the Council.

FURTHER, I CONSIDER it to be in the public interest to make an Order under section 46(3) of RESA requiring XXXX to hold all general/operating accounts, trust funds, securities, term deposits, XXXX, XXXX, client accounts or any other accounts or funds on deposit for Re/Max Tumbler Ridge Realty until further Order of the Council.

TAKE NOTICE that Tumbler Ridge may, pursuant to section 45(6) of RESA, require a disciplinary hearing to be held by delivering written notice to the Real Estate Council.

Dated at the

City of Vancouver,

Province of British Columbia

this 9th day of May, 2014.

DISCIPLINE COMMITTEE

 Bill Phillips

(Member, Discipline Committee of the Real Estate Council)

 

P: May 13, 2014  R: no