Consent Order

John Wayne Ross, while licensed with Macdonald Realty Kelowna, was acting for a client in the sale of a property. The property was listed on and off over a period of time, and did not sell. Mr. Ross came to an agreement with his client that he would purchase the property himself under a two year rent-to-own condition with a fellow licensee, Mr. Blake.

Before the completion of the sale, Mr. Ross and Mr. Blake decided to assign the contract, and requested that Mr. Wager (a fellow licensee) prepare an assignment agreement. The managing brokers of the licensees were not made aware of this transaction, and the contract did not contain any indication of agency or the brokerages involved.

John Wayne Ross failed to take reasonable steps to avoid and disclose a conflict of interest when he cancelled the listing to become the buyer of the property without the seller having independent representation. This contravened sections 3-3(i) and 3-3(j) of the Council Rules.

Mr. Ross provided real estate services other than on behalf of his brokerage, and accepted remuneration outside of his brokerage when he accepted a commission for the sale of the property. This contravened sections 7(3)(a) and 7(3)(b) of the Real Estate Services Act.

Mr. Ross also failed to provide a Disclosure of Interest in Trade form for his purchase of the property, and for the assignment of the purchase agreement to another buyer. Mr. Ross' actions contravened sections 5-9(1)(a) and 5-9(3)(a)of the Council's Rules.

Finally, Mr. Ross failed to keep his managing broker informed of the real estate services being provided and failed to provide his managing broker with copies of all records relating to his trades in real estate, contrary to sections 3-2(1)(b) and 3-2(2)(a) of the Council Rules.

Christopher Scott Blake, while licensed with Prudential Kelowna Properties, provided real estate services other than on behalf of his brokerage, and accepted remuneration outside of his brokerage, contrary to sections 7(3)(a) and 7(3)(b) of the Real Estate Services Act.

Mr. Blake also failed to provide a Disclosure of Interest in Trade form to the property owner for the purchase, and for the assignment of the purchase agreement to another buyer, contrary to sections 5-9(1)(a) and 5-9(3)(a) of the Council's Rules.

Finally, Mr. Blake failed to keep his managing broker informed of the real estate services being provided and failed to provide his managing broker with copies of all records relating to his trades in real estate, contrary to sections 3-2(1)(b) and 3-2(2)(a) of the Council Rules.

Gebhard (Geby) Charles Wager, while licensed with Macdonald Realty Kelowna, provided real estate services other than on behalf of his brokerage when he prepared an Assignment Agreement for the sale of a property. Mr. Wager's actions contravened section 7(3)(a) of the Real Estate Services Act.

Mr. Wager also failed to keep his managing broker informed of the real estate services being provided, and failed to provide his managing broker with a copy of the Assignment Agreement. This contravened sections 3-2(1)(b) and 3-2(2)(a) of the Council's Rules.

Results

A discipline committee of the Council has ordered the following:

1. Christopher Scott Blake, Gebhard (Geby) Charles Wager, and John Wayne Ross are each reprimanded.
2. Christopher Scott Blake must pay a discipline penalty of $7,000.00 to the Council.
3. John Wayne Ross must pay a discipline penalty of $7,000.00 to the Council.
4. Gebhard (Geby) Charles Wager must pay a discipline penalty of $2,000.00 to the Council.
5. At his own expense, Christopher Scott Blake must successfully complete the Real Estate Trading Services Remedial Education Course.
6. At his own expense, John Wayne Ross must successfully complete the Real Estate Trading Services Remedial Education Course.
7. Christopher Scott Blake, Gebhard (Geby) Charles Wager, and John Wayne Ross must jointly pay enforcement expenses of $1,500.00 to the Council.