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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: Brian William Schiebel
Files: 13-196
Date of Consent Order: November 10, 2015

Issue: Brian William Schiebel, currently unlicensed, entered into a Consent Order with the Council that while licensed as a representative with New Trends Realty Inc. dba Century 21 New Trends Realty, Coquitlam, he committed professional misconduct within the meaning of section 35(1)(a) and (g) of the Real Estate Services Act in that:

(a) with respect to one property, he:

(i) created a Contract of Purchase and Sale between a seller and a buyer without the knowledge or consent of either the seller or buyer, and submitted this contract to his brokerage;

(ii) created an Addendum to the Contract of Purchase and Sale which purported to be an extension of the dates of completion and possession, and submitted that document to his brokerage;

(iii) created a Seller’s Fee Agreement which purported to be an agreement between his brokerage and the seller of the property when there was not such agreement, and submitted this document to his brokerage;

(iv) created a Declaration of Deposit to Be Held by Other Than a Real Estate Brokerage which stated that the deposit would be paid directly to the seller, when there was no such deposit;

(b) with respect to another property, he:

(i) created a Contract of Purchase and Sale between a seller and two buyers, while purporting to act as agent for the seller, without the knowledge or consent of the seller or the buyers, and submitted this contract to his brokerage, in order to secure a commission advance;

(ii) created a Release and Termination of the Contract of Purchase and Sale, with forged signatures of the seller and the buyers, and provided this document to his brokerage, in order to mislead his brokerage as to the true facts of the transaction;

(iii) created or caused to be created a deposit cheque in the sum of $15,000, which purported to be a deposit cheque signed by the buyer in respect of the purchase of the property, without the knowledge or consent of the buyer, and provided a copy of the cheque to the owner of his brokerage, in order to mislead the brokerage as to the true facts of the transaction; or

(iv) in the alternative, provided his brokerage with a copy of that deposit cheque, which he knew or ought to have known was not signed by the purported buyer of the property and/or which he knew or ought to have known was created to be used in a fraudulent transaction, in order to mislead his brokerage as to the true facts of the transaction; and

(v) provided the owner of his brokerage with an email that purported to be from the managing broker of the selling brokerage to the selling representative, which stated “Hey <name>, see below. All good with deposit” when he knew or ought to have known that there was no true transaction and no deposit had been received by the selling brokerage, in order to mislead his brokerage as to the true facts about this transaction; 

(c) he committed conduct unbecoming within the meaning of section 35(2) of the Real Estate Services Act in that he obtained a commission advance on the basis of a transaction that he knew or ought to have known was fraudulent.

Result: Brian William Schiebel was subject to an Order of a discipline committee that: (a) his licence be cancelled for three years or until after November 10, 2018; (b) as a precondition of relicensing, he, at his own expense, register for and successfully complete the Real Estate Trading Services Remedial Education Course; and (c) as a precondition of licensing, he pay enforcement expenses to the Council in the amount of $1,500.00.

P: November 19, 2015 R: No