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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:  James David Hallworth

File: 13-185

Date of Consent Order:  March 3, 2015

Issue: James David Hallworth, currently unlicensed, entered into a Consent Order with the Council that, while licensed as a representative with 711062 B.C. Ltd. (Dunc) dba One Percent Realty Vancouver Island (Dunc), Duncan, he committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that:

(i) contrary to sections 3-3(a), 3-4 and 5-3(1) of the Council Rules, he failed to act in the best interests of the client, failed to act honestly and with reasonable care and skill, and failed to obtain written authorization from a client to sign a contract on behalf of a client, in that he signed the First Listing Second Amendment on behalf of one of the sellers, as “EU”, not as “Mr. Hallworth on behalf of EU”, and did so without any written authorization from EU;

(ii) contrary to sections 3-3(a), 3-4 and 5-3(1) of the Council Rules, he failed to act in the best interests of the client, failed to act honestly and with reasonable care and skill, and failed to obtain written authorization from a client to sign a contract on behalf of a client, in that he signed the First Listing Second Amendment on behalf of one of the sellers, RU, with the authority of RU, but signed as “RU”, not as “Mr. Hallworth on behalf of RU”, and did so without any written authorization from EU;

(iii) contrary to sections 3-3(a) and 3-4 of the Council Rules, he failed to act in the best interests of the client and failed to act honestly and with reasonable care and skill, in that he purported to be the witness for RU and EU on the First Listing Second Amendment, when in fact he had not witnessed either RU or EU sign the First Listing Second Amendment; and

(iv) contrary to sections 3-3(a), 3-3(c) and 3-4 of the Council Rules, he failed to act in the best interests of the client, failed to act within the scope of authority given by the client and failed to act honestly and with reasonable care and skill, in that he amended one of the terms of the Second Listing Agreement by amending the expiration date in the Second Listing Third Amendment without the knowledge or consent of one of the sellers, EU.

Result: James David Hallworth was subject to an Order of a discipline committee that he: (a) be suspended for twenty-one (21) days from April 8, 2015 to April 28, 2015, inclusive; and (b) pay enforcement expenses to the Council in the amount of $1,500.00.

P: April 13, 2015 R: April 13, 2020