Contact Us Licensee Login

 

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:  Kanwal Preet Sandhu

File:  12-124

Date of Consent Order:  May 16, 2014

Issue: Kanwal Preet Sandhu, representative, Northstar Realty Ltd. dba Royal LePage Northstar Realty, Surrey, 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) with respect to the purchase and sale of residential property in Maple Ridge, BC in January 2012, he contravened sections 35(1)(a) and 35(1)(c) of the Real Estate Services Act and section 3-4 of the Council Rules by:

(i) altering the Contract of Purchase and Sale dated January 24, 2012 to indicate that the buyer and seller consented to a limited dual agency relationship, without the buyer’s authorization or consent, and when he had no expectation of providing such agency to the buyer;

(ii) preparing a Limited Dual Agency Agreement, and a Working With a REALTOR® brochure, for the signatures of the buyer and the seller, and providing the documents to the seller for signature, but not the buyer, for the sole purpose of being awarded MLS® Medallion points, when he had no intention of offering any agency to the buyer;

(iii) purporting to witness the signature of the buyer on both of the Limited Dual Agency Agreement and the Working With a REALTOR® brochure when he had not been present to confirm or verify that the signatures on the documents were that of the buyer, and when, in fact, the buyer states she did not sign the documents;

(iv) failing to ensure that the contract was made subject to the buyer obtaining independent professional advice when he was not acting as her agent; and

(v) did not verify the information inserted on the buyer’s Client ID Form with the buyer, which included incorrect information, and was completed for the purpose of demonstrating compliance with the requirements set out by FINTRAC.

(b) while subsequently acting as the listing agent for the seller (formerly the buyer) with respect to the property in March 2012, contravened section 35(1)(a), 35(1)(c) and 35(1)(d) of the Real Estate Services Act and sections 3-3(1)(c) and 3-4 of the Council Rules in that he:

(i) performed real estate services incompetently when he purported to act as the listing agent for the seller when he had not met, received instructions, or otherwise communicated with the seller at any time;

(ii) signed his name as a witness to the signature of the seller on the document(s) when he did not see the seller sign the following document(s):

(A) the Multiple Listing Contract dated March 22, 2010;
(B) all amendments to the MLS® Contract, dated May 22, 2012, June 30, 2012 and July 3, 2012; and
(C) the Working With a REALTOR® brochure dated March 22, 2012;

(iii) failed to verify that the Property Disclosure Statement dated March 22, 2012 had been initialed and signed by the seller, when the seller says the initials and signature were not hers.

Result: Kanwal Preet Sandhu was subject to an Order of a discipline committee that he: (a) be suspended for one hundred and twenty (120) days, from June 18, 2014 to October 15, 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.

 P: June 19, 2014 R: June 19, 2019