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Consent Order
- Licensee
- Kirk Chamberlain, Kirk Victor Chamberlain
- Brokerage at Time of Sanctioned Activity
- Current Brokerage
- Chamberlain Property Group (Kelowna Branch Office), Kelowna
- Consent Order Date
- 3 June 2016
Summary
Kirk Victor Chamberlain, while licensed with Coldwell Banker Okanagan Realty (Penticton Branch Office), acted for a buyer in the purchase of a property in Summerland. He failed to promptly provide his managing broker with the original or a copy of the accepted offer, which contravened section 3-2(1)(b) of the Council Rules.
Mr. Chamberlain failed to keep his managing broker informed of the real estate services he provided and the activities being performed on behalf of the brokerage, which contravened section 3-2(2)(a) of the Council Rules.
When he did not immediately notify his managing broker that the deposit for the property had not been received in accordance with the terms of the contract, Mr. Chamberlain contravened section 3-2(2)(b) of the Council Rules.
Grant John Klatik, while licensed with Coldwell Banker Okanagan Realty (Penticton Branch Office), acted for a buyer in the purchase of a property in Summerland. He failed to promptly provide his managing broker with the original or a copy of the accepted offer, which contravened section 3-2(1)(b) of the Council Rules.
Mr. Klatik did not keep his managing broker informed of the real estate services he provided and the activities being performed on behalf of the brokerage, which contravened section 3-2(2)(a) of the Council Rules.
When he did not immediately notify his managing broker that the deposit for the property had not been received in accordance with the terms of the contract, Mr. Klatik contravened section 3-2(2)(b) of the Council Rules.
Results
A discipline committee of the Council has ordered the following:
- Mr. Chamberlain and Mr. Klatik are each reprimanded.
- Mr. Chamberlain and Mr. Klatik are jointly and severally liable to pay a discipline penalty of $6,000.00 to the Council.
- At their own expense Mr. Chamberlain and Mr. Klatik must each successfully complete the Real Estate Trading Services Remedial Education Course.
- Mr. Chamberlain and Mr. Klatik are jointly and severally liable to pay enforcement expenses of $1,500.00 to the Council.
As Mr. Chamberlain has a personal real estate corporation, the licence of Kirk Chamberlain Personal Real Estate Corporation is also reprimanded, and it is equally responsible for the payment of the discipline penalty and enforcement expenses.