Permanent Surrender of Licence

REAL ESTATE COUNCIL OF BRITISH COLUMBIA

In the matter of the Real Estate Services Act

S.B.C. 2004 ch. 42

NOTICE OF PERMANENT SURRENDER OF LICENCE

Harpreet Singh Purba, while licensed as a representative with Century 21 Coastal Realty Ltd., Surrey, requested the Real Estate Council of British Columbia to discontinue disciplinary proceedings against him as he had decided to permanently surrender his real estate licence. Mr. Purba was facing a disciplinary hearing into his professional conduct and would have been required to appear before a hearing committee of the Real Estate Council to respond to these allegations.

The allegations against Mr. Purba in the Notice of Discipline Hearing are:

The Discipline Hearing Committee will also consider whether Harpreet Singh Purba, in the provision of real estate services:

1. contravened section 35(1)(c) and/or 35(2) of the Real Estate Services Act in that he drafted a Contract of Purchase and Sale dated September 3, 2009 for the purchase of the said property in the amount of $260,000.00, and also an addendum to the contract which stated that the seller was to give a discount in the amount of $54,000.00 to the buyer for renovations and upgrades to the unit, thereby effectively lowering the sale price to $206,000.00, which addendum was not disclosed to the financial institution for mortgage purposes, thereby resulting in the buyer receiving a mortgage in the amount of $247,000.00 and the sum of $36,453.43 from the mortgage proceeds on the completion of the sale, part of which funds in the amount of $16,000.00 was paid to his spouse;
2. contravened section 5-11 of the Council Rules in that he failed to disclose to the seller that his spouse was supposed to receive $16,000.00 out of the mortgage proceeds on the completion of the sale;
3. contravened section 5-8(2) and 5-10 of the Council Rules in that he failed to disclose to the seller with whom he had listed the property that he was providing trading services to the buyer when he prepared the said Contract of Purchase and Sale and the said addendum for the buyer to use;
4. contravened section 5-9 of the Council Rules when he indirectly acquired a 50% interest in the said property which was held in trust by his spouse and failed to present the seller with a Disclosure of Interest in Trade as required by section 5-9 of the Council Rules when a licensee was acquiring property; and
5. contravened section 35(1)(g) of the Real Estate Services Act in that he misled the Council in response to its inquiry into this matter by stating: "I clearly state that I was not involved in the purchase of this unit and as this deal was made directly between the sellers, and the buyers," when in fact it was determined that he prepared the Contract of Purchase and Sale between the seller and buyer with respect to the subject property dated September 3, 2009 and also the addendum to the contract wherein the seller agreed to give a discount to the buyer in the amount of $54,000.00.

There has been no discipline hearing or finding of fact with respect to these allegations, and no admissions to these allegations by Mr. Purba.

The Council was satisfied that, in the circumstances of this case, permanent surrender of Mr. Purba's licence in lieu of proceeding with disciplinary action was appropriate. The permanent surrender of Mr. Purba's licence was effective as of June 8, 2015, although his licence was surrendered to the Real Estate Council on June 1, 2015.