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

Michele Nadia Niles, currently unlicensed, requested the Real Estate Council of British Columbia to discontinue disciplinary proceedings against her as she had decided to permanently surrender her real estate licence. Ms. Niles was facing a disciplinary hearing into her 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 Ms. Niles in the Notice of Discipline Hearing are that, while licensed as a representative with Century 21 Executive Realty Ltd., Vernon, she:

1. contravened sections 3-3(1)(b) and/or 3-4 of the Council Rules by failing to act in the best interests of her client and/or failing to act with reasonable care and skill and/or failing to follow the lawful instructions of her client when she placed tenants at a property without performing an adequate background check and credit check on the tenants;
2. contravened section 7(3)(a) of the Real Estate Services Act by providing real estate services other than on behalf of the brokerage in relation to which she was licensed, in that at various times between January 18, 2011 to December 28, 2013, she provided rental property management services without ensuring those services were provided through the brokerage to which she was licensed;
3. contravened section 7(3)(b) of the Real Estate Services Act by accepting remuneration in relation to real estate services from an entity other than from the brokerage to which she was licensed, in that at various times between January 18, 2011 to December 13, 2014, she accepted remuneration for property management services from principals of some or all of the rental properties she managed, rather than from the brokerage to which she was licensed;
4. contravened section 27(1)(a) of the Real Estate Services Act by failing to promptly pay or deliver to the brokerage all money held or received from, or on behalf of a principal in relation to real estate services in that, at various times between January 18, 2011 to December 28, 2013 she collected security deposits and rent monies from the tenants and deposited those funds into her personal bank accounts;
5. contravened sections 3-2(1)(a) and 3-2(c) of the Council Rules by failing to promptly deliver to her managing broker a copy of all general records and rental property management records in relation to various properties to which she was providing real estate services at various times from January 18, 2011 to December 28, 2011; and
6. contravened section 9-2 of the Council Rules by failing to provide to her managing broker a written disclosure that she was providing property management real estate services to members of her family.

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

The Council was satisfied that, in the circumstances of this case, permanent surrender of Ms. Niles' licence in lieu of proceeding with disciplinary action was appropriate. The permanent surrender of Ms. Niles' licence was effective as of October 5, 2015, although her licence expired on January 17, 2013.