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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

 

Respondent:  Christopher (Chris) Charles Wieser

File:  12-452

Date of Consent Order:  June 24, 2014

Issue: Christopher (Chris) Charles Weiser,representative,Avison Young Commercial Real Estate (B.C.) Inc., 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 he:

(a) deleted the name of Ms. Y.’s brokerage and its address, phone and fax numbers as setout on the original contract and inserted in the amended contract the name of Avison Young Manitoba, its address, phone and fax numbers, without the knowledge or consent of the buyer, Ms. Y. or Sutton Group;

(b) deleted Ms. Y’s name as the “Licensee” on the original contract and inserted in the amended contract as the “licensee” the name of Mr. D. of Avison Young Manitoba, without the knowledge or consent of the buyer or Ms. Y.;

(c) changed the name of the brokerage to whom the deposit was to be paid from Sutton Group as set out in the original contract to Avison Young Manitoba in the amended contract, without the knowledge or consent of the buyer, Ms. Y. or Sutton Group;

(d) deleted clause 3 of Schedule A to the original contract which provided for “vendor financing” without the knowledge or consent of the buyer, Ms. Y. or Sutton Group;

(e) amended the agency disclosure as set out in section 10 of the original contract by changing the seller’s designated agent (licensee) from Chris Wieser in the original contract to Mr. B. in the amended contract; changing the seller’s designated agent (brokerage) from Avison Young BC to Cascade Realty; changing the name of the buyer’s designated agent (licensee) from Ms. Y. in the original contract to Mr. D. and Mr. Wieser in the amended contract; and changing the name of the buyer’s designated agent (brokerage) from Sutton Group to Avison Young Manitoba, without the knowledge or consent of the buyer, Ms. Y. or Sutton Group;

(f) inserted a commission agreement into the amended contract which provided for payment of commission to Avison Young Manitoba and Cascade Realty, without the knowledge or consent of the buyer, Ms. Y. or Sutton Group; and

(g) presented the amended contract to Mr. B., purporting to be acting on behalf of the buyer, without the knowledge or consent of the buyer, Ms. Y. or Sutton Group.

Result: Christopher (Chris) Charles Wieser was subject to an Order of a discipline committee that he: (a) be suspended for fourteen (14) days, from July 2, 2014 to July 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: July 2, 2014 R: July 2, 2019