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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: Candice Claire Dyer and Candice Dyer Personal Real Estate Corporation
File: 13-111
Date of Consent Order: December 9, 2015

Issue: Candice Claire Dyer and Candice Dyer Personal Real Estate Corporation, associate broker, Sea to Sky Real Estate Whistler Ltd. (Squ) dba RE/MAX Sea to Sky Real Estate Whistler (Squ), Squamish, while licensed as an associate broker with RE/MAX Sea to Sky Real Estate Whistler (Squ), entered into a Consent Order with the Council that she committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that she:

(a) contrary to sections 3-3(a) and 3-4 of the Council Rules, failed to ensure that all interested parties were notified of the date that offers would be presented in court for the sale of the property;

(b) contrary to section 35(1)(c) of the Real Estate Services Act and/or section 3-4 of the Council Rules, failed to act honestly and with reasonable care and skill when she informed Ms. S. that the initial accepted offer came from “another realtor” when in fact she was acting as a limited dual agent in the transaction; and

(c) contrary to section 35(1)(c) of the Real Estate Services Act and/or section 3-4 of the Council Rules, failed to act honestly and with reasonable care and skill by not updating the Market Report dated August 9, 2013 which stated “There have been several other inquiries but no further interest once buyers received a copy of the flood covenant” which report was presented in court as an exhibit supporting the sale of the property, when in fact, Ms. S. emailed her on August 9, 2013 enquiring whether she had notice of the court date, three days after Ms. S. had received a copy of the flood covenant from Ms. Dyer on August 6, 2013.

Result: Candice Claire Dyer was subject to an Order of a discipline committee that she (a) and Candice Dyer Personal Real Estate Corporation each be suspended for fourteen (14) days from December 16, 2015 to December 29, 2015 inclusive; (b) pay a discipline penalty to the Council in the amount of $5,000.00; and (c) pay enforcement expenses to the Council in the amount of $1,250.00.

P: December 10, 2015 R: December 10, 2020