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Suspension Order
- Licensee
- N/A
- Brokerage at Time of Sanctioned Activity
- Diversified Properties Ltd.
- Current Brokerage
- Diversified Properties Ltd., Victoria
- Suspension Order Date
- 10 September 2014
Summary
IN THE MATTER OF THE REAL ESTATE SERVICES ACT
S.B.C 2004, C.42
AND
IN THE MATTER OF
DIVERSIFIED PROPERTIES LTD.
SUSPENSION ORDER UNDER SECTION 45
AND
ORDER TO FREEZE PROPERTY UNDER SECTION 46
Upon reading the Affidavits of Lisa Holst, Maureen Coleman and Janice Moore, of the Real Estate Council of British Columbia ("Council"), all sworn on the 10th day of September, 2014,
I AM OF THE OPINION that:
1. there has been conduct on the part of Diversified Properties Ltd. 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 Diversified Properties Ltd. and an Order under section 45(2)(c) of RESA that Diversified Properties Ltd. 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 Diversified Properties Ltd. to cease all dealings with all brokerage bank accounts currently held, by Diversified Properties Ltd., including, but not limited to:
____________<REDACTED>________________________
FURTHER, I CONSIDER it in the public interest to make an Order under section 45(2)(c) of RESA requiring Diversified Properties Ltd. and/or XXXXX 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 Diversified Properties Ltd., and anyone acting on its behalf, including XXXXX, XXXXX, XXXXX and XXXXX from withdrawing any funds from the brokerage accounts, including the accounts named above, currently held at XXXX, XXXX, XXXXX and XXXXX 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 Diversified Properties Ltd., and anyone acting on its behalf, or any third party, to hold, on deposit, under control or for safekeeping, any property of Diversified Properties Ltd. 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:
____________<REDACTED>________________________
to hold all general/operating accounts, trust funds, securities, term deposits, client accounts or any other accounts or funds on deposit for Diversified Properties Ltd. until further Order of the Council.
TAKE NOTICE that Diversified Properties Ltd. may, pursuant to section 45(6) of RESA require a disciplinary hearing to be held by delivering written notice to the Real Estate Council of British Columbia.
Dated at the City of Vancouver, Province of British Columbia,
this 10th day of September, 2014.
David Rishel
(Discipline Committee Member of the Real Estate Council on behalf of the Discipline Committee)